JEFFREY T. LEDFORD Understanding the
Community Association Manager License
There are three types of real estate licenses an individual may possess in Georgia. These three license types are Broker, Salesperson and Community Association Manager (CAM). License law defines each of these license types [O.C.G.A. § 43-40-1], establishes the criteria to qualify for each [O.C.G.A. § 43-40-8] and sets forth the unfair trade practices in which licensees should not engage [O.C.G.A. § 43-40-25 (b)]. With limited exceptions [O.C.G.A. § 43-40-29], anyone practicing real estate in Georgia must hold one of these license types. However, simply holding one of these license types does not mean that a licensee holds free reign to practice in any of the specialized facets of real estate.
As of the writing of this article there are 310 indi-
viduals holding a CAM license, 63,286 individuals holding a salesperson’s license and 21,141 individu- als holding a broker’s license. Of the three types, the CAM may very well be the least understood. After holding an active license for three of the
preceding five years, completing a 60-hour pre-li- cense course and passing a state examination, an individual may qualify for a broker’s license. A bro- ker may legally perform any of the acts enumerated in O.C.G.A. § 43-40-1 (2). Those acts are as follows:
A) Negotiates or attempts to negotiate, or assists in procuring prospects for the listing, sale, pur- chase, exchange, renting, lease, or option for any real estate or of the improvements thereon; B) Holds himself or herself out as a referral agent for the purpose of securing prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate; C) Collects rents, assessments, or other trust funds or attempts to collect rents, assessments, or other trust funds; D) Is employed by or on behalf of the owner or owners of lots, time-share intervals, or other parcels of real estate at a salary, fee, commission, or any other valuable consideration to sell such real estate or any part thereof in lots or parcels or intervals or other disposition thereof; E) Engages in the business of charging an
advance fee or contracting for collecting of a fee, other than an advertising fee, in connection with any contract whereby he or she undertakes primarily to promote the sale of real estate either through its listing in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both; F) Auctions or offers or attempts or agrees to auction real estate; G) Buys or offers to buy, sells or offers to sell, or otherwise deals in options to buy real estate; H) Performs property management services or community association management services; I) Provides or attempts to provide to any party to a real estate transaction consulting services designed to assist the party in the negotiations or procurement of prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or the improvements thereon; or J) Advertises or holds himself or herself out as engaged in any of the foregoing.
To obtain a CAM license, a licensee must complete
a 25-hour pre-license course and pass a state exam- ination. Once licensed and only on behalf of a broker, the CAM may provide, “for a valuable consideration, to others of management or administrative services on, in, or to the operation of the affairs of a commu- nity association, including, but not limited to, collect- ing, controlling, or disbursing the funds; obtaining
30 Georgia REALTOR®
JULY/AUGUST 2010
GREC
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