                                 CODE OF VIRGINIA

POWERS AND DUTIES OF THE BOARD (§ 54.1-2349)

A. The Board shall administer and enforce the provisions of this article. In
addition to the provisions of §§ 54.1-201 and 54.1-202, the Board shall:

   1. Promulgate regulations necessary to carry out the requirements of this
   article in accordance with the provisions of the Administrative Process Act
   (&#xA7; 2.2-4000 et seq.), including the prescription of fees, procedures, and
   qualifications for the issuance and renewal of common interest community
   manager licenses. Upon application for license and each renewal thereof, the
   applicant shall pay a fee established by the Board, which shall be placed to
   the credit of the Common Interest Community Management Information Fund
   established pursuant to &#xA7; 54.1-2354.2;

   2. Establish criteria for the licensure of common interest community managers
   to ensure the appropriate training and educational credentials for the
   provision of management services to common interest communities. Such criteria
   may include experiential requirements and shall include designation as an
   Accredited Association Management Company by the Community Associations
   Institute. As an additional alternative to such designation, the Board shall
   have authority, by regulation, to include one of the following: (i) successful
   completion of another Board-approved training program and certifying
   examination or (ii) successful completion of a Virginia testing program to
   determine the quality of the training and educational credentials for and
   competence of common interest community managers;

   3. Establish criteria for the certification of the employees of common
   interest community managers who have principal responsibility for management
   services provided to a common interest community or who have supervisory
   responsibility for employees who participate directly in the provision of
   management services to a common interest community to ensure the person
   possesses the character and minimum skills to engage properly in the provision
   of management services to a common interest community. Such criteria shall
   include designation as a Certified Manager of Community Associations by the
   Community Association Managers International Certification Board, designation
   as an Association Management Specialist by the Community Associations
   Institute, or designation as a Professional Community Association Manager by
   the Community Associations Institute. As an additional alternative to such
   designations, the Board shall have authority, by regulation, to include one of
   the following: (i) successful completion of another Board-approved training
   program as developed by the Virginia Association of Realtors or other
   organization, and certifying examination, or (ii) successful completion of a
   Virginia testing program to determine the quality of the training and
   educational credentials for and competence of the employees of common interest
   community managers who participate directly in the provision of management
   services to a common interest community. The fee paid to the Board for the
   issuance of such certificate shall be paid to the Common Interest Community
   Management Information Fund established pursuant to &#xA7; 54.1-2354.2;

   4. Approve the criteria for accredited common interest community manager
   training programs;

   5. Approve accredited common interest community manager training programs;

   6. Establish, by regulation, standards of conduct for common interest
   community managers and for employees of common interest community managers
   certified in accordance with the provisions of this article;

   7. Establish, by regulation, an education-based certification program for
   persons who are involved in the business or activity of providing management
   services for compensation to common interest communities. The Board shall have
   the authority to approve training courses and instructors in furtherance of
   the provisions of this article;

   8. Issue a certificate of registration to each association that has properly
   filed in accordance with this chapter; and

   9. Develop and publish best practices for the content of declarations
   consistent with the requirements of the Property Owners&#8217; Association Act
   (&#xA7; 55.1-1800 et seq.).

B. 1. The Board shall have the sole responsibility for the administration of
this article and for the promulgation of regulations to carry out the
requirements thereof.

   2. The Board shall also be responsible for the enforcement of this article,
   provided that the Real Estate Board shall have the sole responsibility for the
   enforcement of this article with respect to a real estate broker, real estate
   salesperson, or real estate brokerage firm licensed in accordance with Chapter
   21 (&#xA7; 54.1-2100 et seq.) who is also licensed as a common interest
   community manager.

   3. For purposes of enforcement of this article or the Property Owners&#8217;
   Association Act (&#xA7; 55.1-1800 et seq.), the Virginia Condominium Act
   (&#xA7; 55.1-1900 et seq.), the Virginia Real Estate Cooperative Act (&#xA7;
   55.1-2100 et seq.), the Virginia Real Estate Time-Share Act (&#xA7; 55.1-2200
   et seq.), or the Resale Disclosure Act (&#xA7; 55.1-2307 et seq.), any
   requirement for the conduct of a hearing shall be satisfied by an informal
   fact-finding proceeding convened and conducted pursuant to &#xA7; 2.2-4019 of
   the Administrative Process Act (&#xA7; 2.2-4000 et seq.).

C. The Board is authorized to obtain criminal history record information from
any state or federal law-enforcement agency relating to an applicant for
licensure or certification. Any information so obtained is for the exclusive use
of the Board and shall not be released to any other person or agency except in
furtherance of the investigation of the applicant or with the authorization of
the applicant or upon court order.

D. Notwithstanding the provisions of subsection A of &#xA7; 54.1-2354.4, the
Board may receive a complaint directly from any person aggrieved by an
association&#8217;s failure to deliver a resale certificate in accordance with
Chapter 23.1 (&#xA7; 55.1-2307 et seq.) of Title 55.1.

HISTORY: 2008, cc. 851, 871; 2009, c. 557; 2010, cc. 511, 615; 2011, c. 334;
2012, cc. 481, 797; 2015, c. 268; 2017, cc. 387, 393, 405, 406; 2019, cc. 391,
712; 2023, cc. 387, 388.