SECTIONS 11500-11501 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 11500-11501

11500. For purposes of this chapter, the following definitions
apply:
(a) "Common interest development" means a residential development
identified in subdivision (c) of Section 1351 of the Civil Code.
(b) "Association" has the same meaning as defined in subdivision
(a) of Section 1351 of the Civil Code.
(c) "Financial services" means acts performed or offered to be
performed, for compensation, for an association, including, but not
limited to, the preparation of internal unaudited financial
statements, internal accounting and bookkeeping functions, billing of
assessments, and related services.
(d) "Management services" means acts performed or offered to be
performed in an advisory capacity for an association including, but
not limited to, the following:
(1) Administering or supervising the collection, reporting, and
archiving of the financial or common area assets of an association or
common interest development, at the direction of the association's
board of directors.
(2) Implementing resolutions and directives of the board of
directors of the association elected to oversee the operation of a
common interest development.
(3) Implementing provisions of governing documents, as defined in
Section 1351 of the Civil Code, that govern the operation of the
common interest development.
(4) Administering association contracts, including insurance
contracts, within the scope of the association's duties or with other
common interest development managers, vendors, contractors, and
other third-party providers of goods and services to an association
or common interest development.
(e) "Professional association for common interest development
managers" means an organization that meets all of the following:
(1) Has at least 200 members or certificants who are common
interest development managers in California.
(2) Has been in existence for at least five years.
(3) Operates pursuant to Section 501(c) of the Internal Revenue
Code.
(4) Certifies that a common interest development manager has met
the criteria set forth in Section 11502 without requiring membership
in the association.
(5) Requires adherence to a code of professional ethics and
standards of practice for certified common interest development
managers.

11501. (a) "Common interest development manager" means an
individual who for compensation, or in expectation of compensation,
provides or contracts to provide management or financial services, or
represents himself or herself to act in the capacity of providing
management or financial services to an association. Notwithstanding
any other provision of law, an individual may not be required to
obtain a real estate or broker's license in order to perform the
services of a common interest development manager to an association.
(b) "Common interest development manager" also means any of the
following:
(1) An individual who is a partner in a partnership, a shareholder
or officer in a corporation, or who, in any other business entity
acts in a capacity to advise, supervise, and direct the activity of a
registrant or provisional registrant, or who acts as a principal on
behalf of a company that provides the services of a common interest
development manager.
(2) An individual operating under a fictitious business name who
provides the services of a common interest development manager.
This section may not be construed to require an association to
hire for compensation a common interest development manager, unless
required to do so by its governing documents. Nothing in this part
shall be construed to supersede any law that requires a license,
permit, or any other form of registration, to provide management or
financial services. Nothing in this section shall preclude a licensee
of the California Board of Accountancy from providing financial
services to an association within the scope of his or her license in
addition to the preparation of reviewed and audited financial
statements and the preparation of the association's tax returns.