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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
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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-Regulation Advantages • 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 Funding Scope & detail of regulations Challenges Challenges Industry engagement in administration Other Advantages
Licensing/Credentialing 2010 Existing Legislation Discussion Other