Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 50 - COMMON INTEREST COMMUNITY MANAGER REGULATIONS › Part V - Standards of Conduct and Practice › Section 18VAC48-50-190 - Prohibited acts

Current through Register Vol. 40, No. 24, July 15, 2024
The following acts are prohibited and any violation may
					 result in disciplinary action by the board:
1. Violating, inducing another to violate, or
				  cooperating with others in violating any of the provisions of any of the
				  regulations of the board; Chapter 23.3 (§
										54.1-2345 et seq.) of Title 54.1
				  of the Code of Virginia; or Chapter 18 (§
										55.1-1800 et seq.), Chapter 19
				  (§
										55.1-1900 et seq.), Chapter 21
				  (§
										55.1-2100 et seq.), or Chapter
				  23.1 (§
										55.1-2307 et seq.) of Title 55.1
				  of the Code of Virginia or engaging in any acts enumerated in §§
										54.1-102 and
				  54.1-111 of the Code of
				  Virginia.
2. Allowing a license or
				  certificate issued by the board to be used by another.
3. Obtaining or attempting to obtain a
				  license or certificate by false or fraudulent representation, or maintaining,
				  renewing, or reinstating a license or certificate by false or fraudulent
				  representation.
4. A regulant
				  having been convicted, found guilty, or disciplined in any jurisdiction of any
				  offense or violation enumerated in
				  18VAC48-50-180.
5. Failing to inform the board in writing
				  within 30 days that the regulant was convicted, found guilty, or disciplined in
				  any jurisdiction of any offense or violation enumerated in
				  18VAC48-50-180.
6. Failing to
				  report a change as required by
				  18VAC48-50-150 or
				  18VAC48-50-170.
7. The intentional and unjustified failure to
				  comply with the terms of the management contract, operating agreement, or
				  association governing documents.
8.
				  Engaging in dishonest or fraudulent conduct in providing management
				  services.
9. Failing to satisfy any
				  judgments or restitution orders entered by a court or arbiter of competent
				  jurisdiction.
10. Egregious or
				  repeated violations of generally accepted standards for the provision of
				  management services.
11. Failing to
				  handle association funds in accordance with the provisions of §
										54.1-2353A of
				  the Code of Virginia or
				  18VAC48-50-160.
12. Failing to account in a timely manner for
				  all money and property received by the regulant in which the association has or
				  may have an interest.
13. Failing
				  to disclose to the association material facts related to the association's
				  property or concerning management services of which the regulant has actual
				  knowledge.
14. Failing to provide
				  complete records related to the association's management services to the
				  association within 30 days of any written request by the association or within
				  30 days of the termination of the contract unless otherwise agreed to in
				  writing by both the association and the common interest community
				  manager.
15. Failing upon written
				  request of the association to provide books and records such that the
				  association can perform pursuant to §§
										55.1-1815 (Property Owners'
				  Association Act), 55.1-1945 (Virginia Condominium Act), and 55.1-2151 (Virginia
				  Real Estate Cooperative Act) of the Code of Virginia.
16. Commingling the funds of any association
				  by a principal, a principal's employees, or a principal's associates with the
				  principal's own funds or those of the principal's firm.
17. Failing to act in providing management
				  services in a manner that safeguards the interests of the public.
18. Advertising in any name other than the
				  name in which licensed.
19. Failing
				  to make use of a legible, written contract clearly specifying the terms and
				  conditions of the management services to be performed by the common interest
				  community manager. The contract shall include the following:
a. Beginning and ending dates of the
				  contract;
b. Cancellation rights of
				  the parties;
c. Record retention
				  and distribution policy;
d. A
				  general description of the records to be kept and the bookkeeping system to be
				  used; and
e. The common interest
				  community manager's license number.