CAM

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Author:
S
ID:
208150
Filename:
CAM
Updated:
2013-03-18 23:15:22
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Chapter
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Description:
Roles of a CAM
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  1. Community Association Responsibilities
    • F.S. 468 P VIII
    • F.S. 458
    • Associations serves as the management entity.
    • Budgeting for the maintenance
    • Collecting necessary funds to carry out duties.
    • Entering into contracts, hiring ect
  2. Board
    • It makes collective decisions at board meetings
    • No one board member can act on behalf of the association, unless delegated by the board or as defined by the documents
    • Board elects officers (President, Vice, Treasurer)
    • Officers are charged with carrying out day-to-day op operations
  3. What is a CAM
    • Performs for compensation or remuneration
    • Controlling or disbursing funds of a community association
    • Preparing budgets or other financial documents for community association
    • Assisting in noticing or conducting community association meetings
    • Coordinating maintenance for a residential community association
    • Performing other day-to-day services involved with the operation of a community association
  4. To  be considered a CAM, an individual or entity receives remuneration
    • When an association contains:
    • more than  units or
    • a budget or budges in excess of $10,000
    • **If the documents are silent or prohibits person (manager) can not be paid**
  5. Exceptions?
    • Officers or Board self-manage
    • Volunteers
  6. What are the requirements of being a CAM?
    • Be minimum of 18
    • Have good moral character
  7. What are the license status categories?
    • Active - CAM is actively practicing as a manager (all fees current)
    • Non-Active - CAM wants to maintain a valid license but will not provide CAM services for a period of time ($10 fee, DBPR form, surrender license to state)
    • Expired - Forms and fees not received by October 31st of a renewal year. Did not complete continuing education.
    • Suspended - Administrative disciplinary action. 
    • Revoked - Administrative disciplinary action. Will need to ascertain specific requirements to reacquire license through DBPR
  8. Continuing ED Categories
    • 4 Hours - Legal update seminars (2 - Hours each year)
    • 4 Hours - Insurance & Financial Management
    • 4 Hours - Operation of Community's physical property
    • 4 Hours - Human resources
    • 4 Hours - Any area approved by DBPR
  9. Prohibited Actions of CAM or CAB
    • The Florida Supreme Court has ruled that certain activities, if performed by a CAM or CAB, may constitute an unauthorized practice of law.
    • - Interpretation of docs
    • - Interpretation of law
    • - Preparation and release of claim of lean for unpaid association assessments 
    • - Completing the Frequently Asked Questions & Answers (for first year)
    • - Determining the timing, method, and form of giving notice of meetings
    • - Determining the votes necessary for certain actions
    • - Preparation of notices of commencement, or other documents that impact ownership rights of the dwelling units.
    • - Preparation of contracts for the association or any third party
  10. Allowed Practices by CAM or CAB
    • Completing the Department of State Annual Corporate Report or changes to the Corporate Report
    • Preparing Certificates of Assessment
    • Preparing first and second notices of election
    • Preparing notices and agendas of annual board meetings
    • Preparing ballots
    • Preparing affidavits of mailing
  11. Conflicts of Interest for CAM or CAB
    • Kickbacks - manager receives remuneration from a vendor for influencing the board to select a particular vendor or contractor
    • Separate Interest - manager has an interest in the association or a vendor the association uses
    • Self Dealing - manager uses the association's assets or his position within the association for personal gain
    • Secret Profit - manger benefits from a third party with whom the association is doing business and in which he has an undeclared interest
    • Bid Rigging - manager informs a favored vendor of other bids
    • Third Party Clients - manager represents the association and another party who is doing business with or has conflict with the association. (Manger's hired by developer)
  12. Who regulates CAM & CAB?
    • DBPR
    • Regulatory Council of Community Association Managers (RCCAM)
    • - members appointed by Governor and confirmed by the Senate
    • - 4 year term
    • - 5 must be licensed CAM for at least 5 years
    • - 1 CAM may be active in time share management
    • - 2 must be residents of Florida who have never been connected with with the business. Individual who is resident or director in community association not excluded from serving
  13. Responsibilities of RCCAM
    • establishing requirements for prelicensure education
    • approving examination for licensure
    • determining requirements for continuing education
    • establishing fees & fines
    • specifying acts or omissions that constitute a violation of F.S. 468 Part VIII
    • determining professional practice standards
    • establishing public education programs relating to professional CAM
    • receiving input regarding issues of concern with respect to CAM and recommendations for changes in law
    • reviewing evaluating and advising DBPR concerning revision and adoption of rules affecting CAM
    • recommending improvements in education programs offered by DBPR

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