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CONT I NU E S ON PAGE 35

34

S E P T E M B E R , 2 0 1 6

residents of community associations.

This bill was passed by the Senate

on January 9, 2014, passed by the

Assembly on January 13, 2014 and

pocket vetoed by the Governor on

January 21, 2014 due primarily to

an estimated annual expense of $1.2

million dollars which would impose

an unwarranted financial burden on

the State.

This annual estimated expense was

both a surprise and mystery to those

who had been working on the pas-

sage of the bill. Following a discus-

sion with the Commissioner of the

Department of Community Affairs a

short time after the bill was pock-

et-vetoed, it was made clear to those

attending that the DCA expected the

floodgates to open with regard to the

receipt of owner complaints and that

additional staffing and technology

would be required to handle the large

increase of complaints anticipated to

be received. CAI-NJ has

attempted to convince

the DCA that staffing

increases and techno-

logical upgrades would

not be required

to the extent

that they

LICENSING...

from page 32.

anticipated because the only focus of

the legislation and any Board subse-

quently created was to implement and

monitor the requirements applicable to

a community association manager in

New Jersey. In addition, CAI attempt-

ed to explain that expense required

to implement the omnibus legislation

enacted in Virginia (an estimated

$1.2 million), was not an apples to

apples comparison of the scope and

effect of the limited manager licensing

legislation which had been proposed

in New Jersey.

The original proposed legislation

would create a Community Manager

Board consisting of 9 members, all

with 3 year terms and a 2 year

term limit. There would be 2 pub-

lic members, 1 member from the

executive branch of government and

most importantly, 6 members who

were licensed community association

managers. All members of the Board

would serve without compensation.

The requirement that a majority of the

Board consist of those in the commu-

nity association manager industry was

of utmost importance to those on the

task force.

The requirement to obtain a com-

munity association man-

ager license

would be

"Much debate occurred

during the task force

meetings with regard to

licensing requirements and

qualifications."

© iStockphoto.com

imposed upon anyone who was

engaging in the practice of provid-

ing community management services.

The license requirements would not

apply to an officer or member of

a community association who per-

formed management services for no

fee/compensation or an attorney,

CPA; engineer or other licensed pro-

fessional. One would not need to

obtain a license if they were a direct

salaried employee or performed only

ministerial or clerical functions such as

bookkeeping for a community associ-

ation or management company, also

another issue of importance to the

task force members. A superinten-

dent employed by such a community

association would also not need to

be licensed.

Much debate occurred during the

task force meetings with regard to

licensing requirements and qualifica-

tions. It was decided that a candi-

date for the license would need to

be at least 18 years of age, have

successfully completed an approved

training program and examination. It

is anticipated that any manager who

had acquired a CMCA from CAI or

AMS from IREM would be grandfa-

thered for a short period of time and

not be required to take the examina-

tion to be developed by the Board.

A nonnegotiable requirement from

CAI National was that the proposed

legislation would impose a man-

datory insurance requirement. An

employee dishonesty policy in at least

the amount of the monies under the

control of the community association

manager would be required. The

policy would be applicable to a