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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
- 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
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
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**
- Officers or Board self-manage
What are the requirements of being a CAM?
- Be minimum of 18
- Have good moral character
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
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
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
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
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)
Who regulates CAM & CAB?
- 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
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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