Most states do not require any type of education for Property Managers. (See what your state requires.) There are more licensing requirements for that “roach coach” to sell you a hot dog on the street than there are licensing requirements for a property manager. It is hard to believe that property managers are permitted to work without a license of any kind in an industry that is subject to state and federal regulations and fraught with tremendous potential for harm if performed improperly.
The list of complaints and problems by those who live in POAs/COAs/HOAs is endless. Just look at all of the examples that are listed on this site. What is captured on this site is just a small sampling from those who live within these deed-restricted communities. Many of these problems could be avoided if property managers were required to be educated and licensed.
Here is one example of why proper training and licensing is important. There are state and federal laws that supersede any rules written by an HOA. Do your DCR’s have a requirement that any TV dishes must not be located on your roof or must be completely screened from view. This is a common DCR requirement. However, the rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and it prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37″) in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal. This rule trumps any DCR restriction. Install your 1 m diameter dish anywhere on your property, visible or not, the HOA cannot dictate where you put it. So why, when the restriction is illegal to begin with, do violation letters go out to residents demanding that the offender move the dish or face fines and a lawsuit? For that matter, why are illegal rules still allowed to exist in the restrictive covenants?
Many other professionals – engineers, attorneys, and accountants – need to be licensed and continue their education, so why not property managers? Property managers are professionals who should be held to a standard of education, continuing education, ethics and management. Property managers need to earn their titles on a business card and demonstrate a basic knowledge. Property managers need to be aware of all laws, state and federal, as well as a general background in real estates and property operations so they can properly guide the volunteer HOA/POA/COA boards. A professional board for property managers also needs to be established to allow residents to file complaints about property managers and HOA/POA/COA boards who operate outside of the law.
Time to adopt laws that require standards for property managers and property management companies to ensure that their advice and guidance of volunteer boards is within the laws and dedicatory instruments that govern associations.