A License to Practice?

Regulation of Community Association Management

PANEL

Andrew S. Fortin, Esq.

Community Associations Institute

Trisha L. Henshaw

Commonwealth of Virginia

Mark D. Pearlstein, Esquire, CCAL

Levenfeld Pearlstein, LLC

Lucia Anna “Pia” Trigiani, CCALMercer Trigiani, LLC

A License to Practice?

• Overview of Licensing Requirements Throughout the Country

• Legislative Roadmap and Lessons Learned from Illinois• Regulatory Roadmap and Lessons Learned from

Virginia• Regulatory Realities

Licensing Requirements Andrew S. Fortin, Esq.

CAI Public Policy

“CAI encourages the national certification of community association managers”

“…states do not have to license or otherwise regulate community association managers. States should accept NBC-CAM’s certification program in lieu of licensure.”

“In states that propose licensing of community association managers, CAI will support a regulatory system that …” (see above principles)

CAI Policy

In states proposing licensing, CAI Supports:

CAI supports:Self- regulation through the promotion of CMCA certifications and other CAI member developed designations

Self-RegulationAdvantages

• Effective measure of knowledge, skills, and abilities of the professional

• Often can take advantage of greater expertise and more comprehensive coverage than is possible with governmental agencies

• Created by the industry profession for the industry profession

  

Disadvantages

• Division within the profession by numerous organizations establish slightly different programs to measure the knowledge of the same profession

• When there is a high profile case of criminal activity or otherwise bad management that makes its way to the floor of the legislature

Advantages & Challenges of Government Regulation

Create minimum

standards. for those entering the field

Enforce standards of

conduct.

Consumer protection.

Advantages

Industry engagement

in administration

Scope & detail of regulations

Funding

Other

Challenges Challenges

Licensing/Credentialing 2010

Existing

Legislation

Discussion

Other