CHAPTER 400b

COMMUNITY ASSOCIATION MANAGERS

Table of Contents


Note: Readers should refer to the 2024 Supplement, revised to January 1, 2024, for updated versions of statutes amended, repealed or added during the 2023 legislative sessions.


Sec. 20-450. Definitions.

Sec. 20-451. Registration of community association managers and manager trainees required. Permitted activities. Supervision.

Sec. 20-452. Application for certificate of registration. Fees.

Sec. 20-453. Issuance, suspension and revocation of certificate. Educational and examination requirements. Regulations.

Sec. 20-454. Hearing on denial of certificate. Subsequent application.

Sec. 20-455. Enforcement powers of commission or department. Hearing. Cease and desist orders. Fine. Restraining orders.

Sec. 20-456. Grounds for revocation, suspension or refusal to issue or renew certificate of registration. Conditions. Civil penalty.

Sec. 20-457. Required and prohibited acts re certificate of registration. Penalties for violations. Expiration and renewal of certificate.

Sec. 20-458. Required provisions of contract. Sale or assignment of contract. Indemnification or hold harmless clause prohibited.

Sec. 20-459. Provision of services other than association management services.

Sec. 20-460. Commercially available insurance policy required. Policy requirements. Payment of cost of policy.

Sec. 20-461. Regulations.

Sec. 20-462. Appeals.

Secs. 20-463 to 20-473. Reserved


Sec. 20-450. Definitions. As used in sections 20-450 to 20-462, inclusive, unless the context otherwise requires:

(1) “Association” means (A) an association, as defined in section 47-202, and an association of unit owners, as defined in section 47-68a and in section 47-68 of the general statutes, revision of 1958, revised to January 1, 1975, and (B) the mandatory owners organization of any common interest community, as defined in section 47-202, which community was not created under chapter 825 or 828 or under chapter 825 of the general statutes, revision of 1958, revised to January 1, 1975. “Association” does not include an association of a common interest community which contains only units restricted to nonresidential use;

(2) “Community association manager” means a natural person who directly provides association management services;

(3) “Association management services” means services provided to an association for remuneration, including one or more of the following: (A) Collecting, controlling or disbursing funds of the association or having the authority to do so; (B) preparing budgets or other financial documents for the association; (C) assisting in the conduct of or conducting association meetings; (D) advising or assisting the association in obtaining insurance; (E) coordinating or supervising the overall operations of the association; and (F) advising the association on the overall operations of the association. Any person licensed in this state under any provision of the general statutes or rules of court who provides the services for which such person is licensed to an association for remuneration shall not be deemed to be providing association management services. Any director, officer or other member of an association who provides services specified in this subdivision to the association of which he or she is a member shall not be deemed to be providing association management services unless such director, officer or other member owns or controls more than two-thirds but less than all of the votes in such association;

(4) “Commission” means the Connecticut Real Estate Commission appointed under the provisions of section 20-311a;

(5) “Department” means the Department of Consumer Protection;

(6) “Person” means an individual, partnership, corporation, limited liability company or other legal entity; and

(7) “Community association manager trainee” means a natural person working under the direct supervision of a community association manager, for the purpose of being trained in the provision of association management services.

(P.A. 90-306, S. 2, 15; P.A. 91-341, S. 1, 19; P.A. 95-79, S. 69, 189; P.A. 98-10, S. 64; 98-47; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 07-243, S. 8; P.A. 19-177, S. 19.)

History: P.A. 91-341 added definitions of “department” and “person”; P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; P.A. 98-10 made technical changes; P.A. 98-47 redefined “association management services” by adding provisions in Subdiv. (3) re director, officer or other member owning or controlling more than two-thirds but less than all of the votes in the association; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 07-243 redefined “community association manager” in Subdiv. (2) to include partner, director, officer, employee or agent who directly provides association management services and made technical changes; P.A. 19-177 redefined “community association manager” in Subdiv. (2), added Subdiv. (7) re definition of “community association manager trainee”, and made technical changes.

Sec. 20-451. Registration of community association managers and manager trainees required. Permitted activities. Supervision. (a) Except as otherwise provided in this section, no person shall (1) hold himself or herself out to be a community association manager or a community association manager trainee, or (2) engage in providing association management services, without first obtaining a certificate of registration as provided in sections 20-450 to 20-462, inclusive.

(b) A community association manager trainee may, for a period not to exceed six months, engage in association management services, so long as: (1) The community association manager trainee is directly supervised by, and acts under the direction of, a community association manager who holds a valid certificate of registration and who shall be liable for the actions or inactions of the community association manager trainee; and (2) the community association manager trainee has no authority to collect, control or disburse funds of the association. A certificate of registration as a community association manager trainee shall not be renewable.

(c) A community association manager may employ or contract with support or administrative staff, not registered as a community association manager, to engage in the following activities: (1) Answer the telephone, take messages, and forward calls to the community association manager; (2) update files and forms maintained by the community association manager; (3) schedule and coordinate meetings, teleconferences, service calls and responses to maintenance and repair requests; (4) copy documents prepared by either the association or the community association manager and prepare mailings to the unit owners, vendors and other third parties, as authorized by the association or the community association manager; (5) attend meetings with and provide administrative support services to the community association manager, including taking notes as needed to maintain accurate records for the association; (6) assist the community association manager in maintaining the association's financial information and records, including, but not limited to, responding to inquiries from unit owners regarding their accounts with the association and drafting checks for payments approved by the association or the community association manager, provided no unregistered support or administrative staff may have direct access to or control over association funds; and (7) implement the decisions and directions of the community association manager.

(d) The community association manager shall directly supervise, and assume liability for, work performed by any support or administrative staff member whether employee or contractor, who is not a registered community association manager or trainee, but who is providing services to an association. The community association manager shall ensure that such unlicensed person is: (1) Trained in the scope of work they are legally able to undertake in such role; and (2) operating in compliance with the provisions of this chapter.

(P.A. 90-306, S. 3, 15; P.A. 91-341, S. 2, 19; P.A. 19-177, S. 20.)

History: P.A. 90-306, S. 3 effective July 1, 1991; P.A. 91-341 deleted language providing that certificate of registration is obtained “from the commission”; P.A. 19-177 designated existing provision re person holding himself out to be a community association manager without obtaining certificate as Subsec. (a) and amended same by adding provisions re community association manager trainee and engaging in providing association management services, added Subsec. (b) re community association manager trainee permitted activities, added Subsec. (c) re permitted activities of support or administrative staff, added Subsec. (d) re supervision by community association manager and made technical changes.

Sec. 20-452. Application for certificate of registration. Fees. (a) Any person seeking a certificate of registration as a community association manager or as a community association manager trainee shall apply to the department in writing, on a form provided by the department. Such application shall include the applicant's name, residence address, business address, business telephone number, a question as to whether the applicant has been convicted of a felony in any state or jurisdiction and such other information as the department may require. Except for a community association manager trainee, any person seeking an initial certificate of registration shall submit to a request by the commissioner for a state and national criminal history records check, conducted in accordance with the provisions of section 29-17a. No registration as a community association manager shall be issued unless the commissioner has received the results of such records check.

(b) Each application for a certificate of registration as a community association manager shall be accompanied by an application fee of sixty dollars and a registration fee of one hundred dollars. The department shall refund the registration fee if it refuses to issue a certificate of registration. The department shall not charge either an application or a registration fee for a certificate of registration as a community association manager trainee.

(P.A. 90-306, S. 4, 15; P.A. 91-341, S. 3, 19; P.A. 12-113, S. 1; P.A. 19-177, S. 21; P.A. 21-37, S. 8.)

History: P.A. 90-306, S. 4 effective May 1, 1991; P.A. 91-341 replaced “commission” with “department”, established a registration fee of $100 and required the department to refund the registration fee if it refuses to issue a certificate; P.A. 12-113 amended Subsec. (a) by adding provision re application to contain question as to whether applicant has been convicted of a felony in any state or jurisdiction and by adding provisions re state and national criminal history records check; P.A. 19-177 amended Subsec. (a) by adding references to community association manager and community association manager trainee, deleting reference to October 1, 2012, adding exception re community association manager trainee and making a technical change, and amended Subsec. (b) by adding provision re charging fee for certificate of registration as community association manager trainee; P.A. 21-37 amended Subsec. (a) by adding reference to Sec. 29-17a re required criminal history records checks, effective June 4, 2021.

Sec. 20-453. Issuance, suspension and revocation of certificate. Educational and examination requirements. Regulations. (a) Upon receipt of a completed application and the appropriate fees, the department, upon authorization of the commission, shall: (1) Issue and deliver to the applicant a certificate of registration; or (2) refuse to issue the certificate. The commission may suspend, revoke or refuse to issue or renew any certificate issued under sections 20-450 to 20-462, inclusive, or may place a registrant on probation or issue a letter of reprimand for any of the reasons stated in section 20-456. No application for the reinstatement of a certificate which has been revoked shall be accepted by the department within one year after the date of such revocation.

(b) Any person issued an initial certificate of registration as a community association manager prior to October 1, 2019, shall, not later than one year following the date of issuance of such certificate, successfully complete a nationally recognized course on community association management and pass the National Board of Certification for Community Association Managers' Certified Manager of Community Associations examination, or a similar examination as may be prescribed by the Commissioner of Consumer Protection in regulations adopted pursuant to subsection (d) of this section.

(c) Any person applying for an initial certificate of registration as a community association manager shall successfully complete a nationally recognized course on community association management and pass the National Board of Certification for Community Association Managers' Certified Manager of Community Associations examination, or a similar examination as may be prescribed by the Commissioner of Consumer Protection in regulations adopted pursuant to subsection (d) of this section, prior to being issued such certificate.

(d) The department, with the advice and assistance of the commission, shall adopt regulations, in accordance with chapter 54, concerning any examination required for certification under this chapter and the approval of schools, institutions or organizations offering courses in current practices and laws concerning community association management and the content of such courses. Such regulations shall include, but not be limited to: (1) Specifications for meeting the educational requirements prescribed in this section; and (2) exemptions from the educational requirements for reasons of health or instances of individual hardship. In adopting such regulations, the department may not disapprove a school, institution or organization that offers an examination or courses in current practices and laws concerning community association management solely because its examination or courses are offered or taught by electronic means, nor may the department disapprove an examination or course solely because it is offered or taught by electronic means.

(e) An applicant for renewal of registration as a community association manager shall, in addition to the other requirements imposed by the provisions of this chapter, complete sixteen hours of continuing education over the course of the two-year period, retain proof of completion, and, upon request, provide such proof to the department. Continuing education shall consist of a course or courses, offered by the Connecticut Chapter of the Community Associations Institute, in community association management techniques and common interest community law, or similar courses as may be prescribed by the Commissioner of Consumer Protection in regulations adopted pursuant to this chapter.

(P.A. 90-306, S. 5, 15; P.A. 91-341, S. 4, 19; P.A. 12-113, S. 2; P.A. 19-177, S. 22; P.A. 21-37, S. 9.)

History: P.A. 90-306, S. 5 effective July 1, 1991; P.A. 91-341 provided that the issuance or refusal to issue a certificate shall be the responsibility of the department, upon authorization of the commission, rather than the responsibility of the commission, replaced “a certificate to engage in the business for which the application was made” with “a certificate of registration”, and provided that the acceptance of an application for reinstatement shall be the responsibility of the department rather than of the commission; P.A. 12-113 designated existing provisions as Subsec. (a) and added Subsec. (b) re educational requirements for persons issued an initial certificate of registration on or after October 1, 2012, Subsec. (c) re educational requirements for persons who hold a certificate of registration issued prior to October 1, 2012, and Subsec. (d) re adoption of regulations; P.A. 19-177 amended Subsec. (b) by replacing “on or after October 1, 2012” with “prior to October 1, 2019”, and adding reference to community association manager, deleted former Subsec. (c) re courses and examination, redesignated existing Subsec. (d) as Subsec. (c) and added new Subsec. (d) re continuing education for community association manager renewal applicants, and made technical and conforming changes; P.A. 21-37 amended Subsec. (b) to make a conforming change, added new Subsec. (c) re course on community association management and examination requirement and redesignated existing Subsecs. (c) and (d) as Subsecs. (d) and (e), effective June 4, 2021.

Sec. 20-454. Hearing on denial of certificate. Subsequent application. (a) Upon refusal to issue or renew a certificate, the department shall notify the applicant of the denial and of his or her right to request a hearing not later than ten days after the date of receipt of the notice of denial.

(b) If the applicant requests a hearing within such ten days, the department shall give notice of the grounds for its refusal to issue or renew the certificate and shall conduct a hearing concerning such refusal in accordance with the provisions of chapter 54 concerning contested cases.

(c) If the department or commission's refusal of a certificate is sustained after such hearing, an applicant may make a new application not less than one year after the date on which such refusal was sustained.

(P.A. 90-306, S. 6, 15; P.A. 91-341, S. 5, 19; P.A. 98-10, S. 65; P.A. 19-177, S. 23.)

History: P.A. 90-306, S. 6 effective July 1, 1991; P.A. 91-341 amended Subsec. (a) to replace “commission” with “department”; P.A. 98-10 made a technical change in Subsec. (b); P.A. 19-177 amended Subsec. (b) to replace “commission” with “department”, amended Subsec. (c) to add reference to department and replace “denial” with “refusal” and made technical changes.

Sec. 20-455. Enforcement powers of commission or department. Hearing. Cease and desist orders. Fine. Restraining orders. (a) The commission or department may hold hearings on any matter under the provisions of sections 20-450 to 20-462, inclusive. The commission or department may issue subpoenas, administer oaths, compel testimony and order the production of books, records and documents. If any person refuses to appear, to testify or to produce any book, record, paper or document when so ordered, upon application of the commission or department, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section. Upon a finding of the commission or department, following a hearing, that an individual has held themselves out as a community association manager without the proper registration, the commission or department may issue a cease and desist order and fine the respondent not more than five hundred dollars.

(b) The Attorney General, at the request of the commission or department, is authorized to apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining and enjoining any person from violating any provision of sections 20-450 to 20-462, inclusive.

(P.A. 90-306, S. 7, 15; P.A. 91-341, S. 6, 19; P.A. 19-177, S. 12.)

History: P.A. 90-306, S. 7 effective July 1, 1991; P.A. 91-341 deleted authority of commission to conduct investigations and provided that the department has the same enforcement powers as the commission; P.A. 19-177 amended Subsec. (a) to add reference to department, add provision re cease and desist order and fine and made a technical change, effective July 9, 2019.

Sec. 20-456. Grounds for revocation, suspension or refusal to issue or renew certificate of registration. Conditions. Civil penalty. (a) The department or commission may revoke, suspend or refuse to issue or renew any certificate of registration as a community association manager or community association manager trainee, place conditions upon such registrations or issue a civil penalty of up to one thousand dollars per violation for: (1) Making any material misrepresentation; (2) making any false promise of a character likely to influence, persuade or induce; (3) failing, within a reasonable time, to account for or remit any moneys coming into his possession which belong to others; (4) conviction in a court of competent jurisdiction of this or any other state of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, provided suspension or revocation under this subdivision shall be subject to the provisions of section 46a-80; (5) commingling funds of others in an escrow or trustee account; (6) commingling funds of different associations; (7) any act or conduct which constitutes dishonest, fraudulent or improper dealings; (8) a knowing and material violation of any provision of chapter 825 or 828; or (9) a violation of any provision of sections 20-450 to 20-462, inclusive, including, but not limited to, failure to comply with the educational requirements prescribed in section 20-453, or any regulation adopted under section 20-461.

(b) The department or commission shall not revoke or suspend any certificate of registration except upon notice and hearing in accordance with chapter 54.

(P.A. 90-306, S. 8, 15; P.A. 91-341, S. 7, 19; P.A. 98-10, S. 66; P.A. 12-113, S. 3; P.A. 13-289, S. 1; P.A. 19-177, S. 24.)

History: P.A. 91-341 made no changes; P.A. 98-10 made technical changes in Subsec. (a); P.A. 12-113 amended Subsec. (a)(8) to add failure to comply with educational requirements prescribed in Sec. 20-453 as grounds for revocation, suspension or refusal to issue or renew a certificate of registration; P.A. 13-289 amended Subsec. (a) to add new Subdiv. (8) re knowing and material violation of any provision of Ch. 825 or 828 and redesignate existing Subdiv. (8) as Subdiv. (9); P.A. 19-177 amended Subsec. (a) by adding references to department and community association manager trainee, replacing “place a registrant on probation or issue a letter of reprimand” with “place conditions upon such registrations or issue a civil penalty of up to one thousand dollars per violation”, and amended Subsec. (b) by adding reference to department.

Sec. 20-457. Required and prohibited acts re certificate of registration. Penalties for violations. Expiration and renewal of certificate. (a) Each community association manager shall (1) exhibit his or her certificate of registration upon request by any interested party, (2) state in any advertisement the fact that he or she is registered, and (3) include his or her registration number in any advertisement. In the case of a business entity, the advertisement shall identify at least one principal, officer or director of the entity that is a community association manager and shall include the registration number of such principal, officer or director.

(b) No person shall: (1) Present or attempt to present, as his or her own, the certificate of another, (2) knowingly give false evidence of a material nature to the commission or department for the purpose of procuring a certificate, (3) represent himself or herself falsely as, or impersonate, a registered community association manager, (4) use or attempt to use a certificate which has expired or which has been suspended or revoked, (5) offer to provide association management services without having a current certificate of registration under sections 20-450 to 20-462, inclusive, or (6) represent in any manner that his or her registration constitutes an endorsement of the quality of his or her services or of his or her competency by the commission or department. In addition to any other remedy provided for in sections 20-450 to 20-462, inclusive, any person who violates any provision of this subsection shall, after an administrative hearing, be fined not more than one thousand dollars, or shall be imprisoned for not more than one year or be both fined and imprisoned. A violation of any of the provisions of sections 20-450 to 20-462, inclusive, shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.

(c) Certificates issued to community association managers shall not be transferable or assignable.

(d) All certificates issued to community association managers under the provisions of sections 20-450 to 20-462, inclusive, shall expire annually on the thirty-first day of January. A holder of a certificate of registration who seeks to renew his or her certificate shall, when filing an application for renewal of the certificate, submit documentation to the department which establishes that he or she has passed any examination and completed any educational coursework, as the case may be, required for certification under this chapter. The fee for renewal of a certificate shall be two hundred dollars.

(e) Failure to receive a notice of expiration or a renewal application shall not exempt a community association manager from the obligation to renew.

(f) All certificates issued to community association manager trainees under the provisions of sections 20-450 to 20-462, inclusive, shall expire six months from the date of issuance and shall not be renewable.

(P.A. 90-306, S. 9, 15; P.A. 91-341, S. 8, 19; June Sp. Sess. P.A. 09-3, S. 263; P.A. 12-113, S. 4; P.A. 14-215, S. 4; P.A. 18-40, S. 3; P.A. 19-177, S. 25; P.A. 21-37, S. 10.)

History: P.A. 90-306, S. 9 effective July 1, 1991; P.A. 91-341 amended Subsec. (b)(2) and (6) by adding “or department”, amended Subsec. (d) by providing that all certificates expire on the thirty-first day of January rather than in different months according to the first letter of the name of the applicant and by specifying the renewal fee is $100 rather than “the same as the fee charged for an original application”, deleted Subsec. (e) re prorated fees and relettered the remaining Subsecs. accordingly, and amended new Subsec. (e) to increase the restoration fee from $20 to $25; June Sp. Sess. P.A. 09-3 amended Subsec. (d) to increase renewal fee from $100 to $200 and amended Subsec. (e) to increase restoration fee from $25 to $50; P.A. 12-113 amended Subsec. (d) to require certificate holder who seeks to renew a certificate to submit documentation to department which establishes that he or she has successfully passed any examination and completed any coursework required for certification; P.A. 14-215 amended Subsec. (b) to increase fine from $500 to $1,000; P.A. 18-40 deleted former Subsec. (e) re community association manager whose certificate has expired, deleted Subsec. (f) re restoration of certificate, and redesignated Subsec. (g) as new Subsec. (e), effective May 31, 2018; P.A. 19-177 amended Subsec. (a) by replacing “person engaged in providing association management services” with “community association manager” and adding provision re business entity, amended Subsec. (b) by adding “, after an administrative hearing,”, adding “shall be” re person to be imprisoned or fined or both imprisoned or fined, amended Subsec. (d) by adding reference to community association managers, added new Subsec. (e) re restoration of registration, added Subsec. (f) re restoration when certificate renewed not later than 1 year after expiration, redesignated existing Subsec. (e) as Subsec. (g), added Subsec. (h) re expiration of certificates issued to community association manager trainees, and made technical changes; P.A. 21-37 amended Subsec. (b) to make a technical change, deleted former Subsec. (e) re expiration of certificate more than 1 month before renewal application made and additional fee and former Subsec. (f) re prohibition on restoration of certificate not later than 1 year after expiration and redesignated existing Subsecs. (g) and (h) as Subsecs. (e) and (f), effective June 4, 2021.

Cited. 231 C. 707.

Sec. 20-458. Required provisions of contract. Sale or assignment of contract. Indemnification or hold harmless clause prohibited. (a) No contract between a person contracting to provide association management services and an association which provides for the management of the association shall be valid or enforceable unless the contract is in writing and provides that the person contracting to provide association management services or, in the case of a business entity, a principal, officer or director of such entity:

(1) Shall be registered as provided in sections 20-450 to 20-462, inclusive, and shall obtain insurance as provided in section 20-460; and

(2) Shall not issue a check on behalf of the association or transfer moneys exceeding a specified amount determined by the association without the written approval of an officer designated by the association; and

(3) Shall not enter into any contract binding the association exceeding a specified amount determined by the association, except in the case of an emergency, without the written approval of an officer designated by the association.

(b) No contract to provide association management services shall:

(1) Be sold or assigned to another person without the approval of a majority of the executive board of the association; or

(2) Include any clause, covenant or agreement that indemnifies or holds harmless the person contracting to provide association management services from or against any liability for loss or damage resulting from such person's negligence or wilful misconduct.

(P.A. 90-306, S. 10, 15; P.A. 91-341, S. 9, 19; P.A. 11-195, S. 3; P.A. 19-177, S. 26.)

History: P.A. 91-341 amended Subdiv. (1) of Subsec. (a)(1) by adding provision requiring the person to “be registered as provided in sections 20-450 to 20-462, inclusive” and amended Subsec. (a)(3) by prohibiting the person from entering into a contract binding the association “exceeding a specified amount determined by the association, except in the case of an emergency”; P.A. 11-195 amended Subsec. (b) by designating existing provision re contract sale or assignment as Subdiv. (1) and adding Subdiv. (2) prohibiting hold harmless clause, covenant or agreement in contract; P.A. 19-177 amended Subsec. (a) by adding “provides that the person contracting to provide association management services or, in the case of a business entity, a principal, officer or director of such entity”, deleting “provides that the person contracting to provide management services” in Subdivs. (1), (2) and (3), further amending Subdiv. (1) by replacing “a bond” with “insurance” and making technical changes, and amended Subsec. (b) by replacing “management services” with “association management services”.

Sec. 20-459. Provision of services other than association management services. (a) A community association manager may not provide services other than association management services for compensation to an association for which the community association manager also provides association management services unless: (1) Such other services are provided pursuant to a written agreement between the person providing the other services and the association; (2) the agreement discloses the relationship between the community association manager and such other person; and (3) the agreement sets out the compensation for such services or one or more rates or formulas for which the compensation can be determined based on the services actually rendered under the agreement.

(b) A community association manager may not enter into or offer to enter into any association management agreement which requires an association to obtain services other than association management services from the community association manager.

(c) Any discounts, rebates, commissions or other consideration received by a community association manager on account of any goods or services furnished to an association or a unit owner or owners shall, except where prohibited by applicable law, ordinance or regulation, be credited to the association or a unit owner or owners, as appropriate, and not retained by the community association manager.

(P.A. 90-306, S. 11, 15; P.A. 91-341, S. 10, 19.)

History: P.A. 91-341 deleted references to “an affiliate of a community association manager” and amended Subsec. (c) to add references to “a unit owner or owners”.

Sec. 20-460. Commercially available insurance policy required. Policy requirements. Payment of cost of policy. (a) No community association manager, nor any community association manager trainee or support or administrative staff employed or engaged by such community association manager shall control, collect, have access to or disburse funds of an association unless there is in effect, a commercially available insurance policy complying with the provisions of this section that provides protection of such funds belonging to an association from the theft by a community association manager, a community association manager trainee, a community association management company or its employees.

(b) The commercially available insurance policy referred to in subsection (a) of this section shall: (1) Be written by an insurance company authorized to write such policies in this state; (2) except as provided in subsection (c) of this section, cover the maximum funds that will be in the custody of the community association manager at any time while the bond is in force, and in no event be less than the sum of three months' assessments plus reserve funds; (3) name the association as obligee; (4) cover the community association manager, community association manager trainee and all partners, officers, employees of the community association manager and may cover other persons controlling, collecting, having access to or disbursing association funds as well; (5) be conditioned upon the persons covered by the policy truly and faithfully accounting for all funds received by them, under their care, custody or control, or to which they have access; (6) provide that the insurance company issuing the policy may not cancel, substantially modify or refuse to renew the policy without giving thirty days' prior written notice to the association and the department, except in the case of a nonpayment of premiums, in which case ten days' prior written notice shall be given; (7) contain such other provisions as the department may, by regulation, require.

(c) The policy of a person who is employed full-time by and provides association management services to an association of a common interest community, or to a master association as defined in section 47-239 exercising the powers on behalf of one or more common interest communities or for the benefit of the unit owners of one or more common interest communities, which community or communities were established prior to July 3, 1991, and have more than two thousand four hundred residential units, shall be in an amount which is not less than one-half the amount specified in subdivision (2) of subsection (b) of this section.

(d) The community association manager shall furnish to the department, upon request, a certificate of each policy required under this section.

(e) Unless otherwise provided for in a written agreement between the community association manager and the association pursuant to subsection (f) of this section, the cost of the policy shall be paid for by the community association manager.

(f) If, as of October 1, 1990, any community association manager is providing association management services, including the handling of funds, or has entered into an agreement to provide association management services including the handling of funds, and has no written agreement, concerning which party shall pay the cost of policy, the cost of the policy shall be paid for in accordance with the declaration and bylaws of the association, and if the declaration and bylaws contain no such provision, the cost of the policy shall be paid one-half by the community association manager and one-half by the association unless the parties otherwise agree in writing.

(g) A separate policy shall be furnished for each association for which a community association manager provides association management services, including the handling of funds.

(h) An insurance policy obtained and maintained by an association under section 47-255, which affords the coverages required in this section, shall be deemed compliant with this section.

(P.A. 90-306, S. 12, 15; P.A. 91-341, S. 11, 19; P.A. 18-141, S. 10; P.A. 19-177, S. 27.)

History: P.A. 91-341 amended Subsec. (b)(1) and (6) to replace “surety” with “insurance company”, amended Subsec. (b)(2) to add “except as provided in subsection (c) of this section”, amended Subsec. (b)(6) and (7) to replace “association management commission” with “department” and inserted a new Subsec. (c) permitting a bond in a lesser amount when the person is employed full-time by and provides association management services to certain associations, relettering the remaining Subsecs. accordingly; P.A. 18-141 amended Subsec. (a) by adding provision re protection of association funds from theft, amended Subsec. (d) by adding provision re furnishing certificate to Department of Consumer Protection upon request, and deleting provision re furnishing certificate on or before commencement of association management services requiring bond or prior to expiration of bond, and replaced references to fidelity bond with references to commercially available insurance policy, effective January 1, 2019; P.A. 19-177 amended Subsec. (a) by replacing “No person who provides association management services under the provisions of sections 20-450 to 20-462, inclusive, shall control, collect have access to or disburse funds of an association unless, at all times during which the person controls, collects has access to or disburses such funds,” with “No community association manager, nor any community association manager trainee or support or administrative staff employed or engaged by such community association manager shall control, collect, have access to or disburse funds of an association unless” and adding reference to community association manager trainee, amended Subsec. (b) by adding references to community association manager trainee and replacing “manager” with “community association manager” in Subdiv. (4), and added Subsec. (h) re insurance policy.

Sec. 20-461. Regulations. The department, with the advice and assistance of the commission, shall adopt regulations in accordance with chapter 54 to carry out the provisions of sections 20-450 to 20-462, inclusive.

(P.A. 90-306, S. 13, 15; P.A. 91-341, S. 12, 19.)

History: P.A. 91-341 transferred regulatory power from commission to department, retaining commission in an advisory capacity.

Sec. 20-462. Appeals. Any person aggrieved by an order or decision of the commission under sections 20-450 to 20-462, inclusive, may appeal therefrom in accordance with the provisions of section 4-183.

(P.A. 90-306, S. 14, 15; P.A. 91-341, S. 13, 19.)

History: P.A. 90-306, S. 14 effective July 1, 1991; P.A. 91-341 made no changes.

Secs. 20-463 to 20-473. Reserved for future use.