Indiana House Bill 1338 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on January 14 2019 - 25% progression, died in committee
Action: 2019-01-14 - First reading: referred to Committee on Employment, Labor and Pensions
Pending: House Employment, Labor and Pensions Committee
Text: Latest bill text (Introduced) [PDF]

Broker licensure for property managers. Specifies that a person that, for consideration, manages the common areas and facilities or other property of: (1) a subdivision or neighborhood on behalf of a homeowners association; or (2) a condominium on behalf of an association of co-owners; must obtain and maintain a real estate broker license (license) regardless of whether the person or any of the person's partners, members, or employees is engaged in the actual sale or lease of real estate or units of real estate in the subdivision, neighborhood, or condominium. Provides that the same requirement applies to at least one member of the board of directors of: (1) a homeowners association; or (2) an association of co-owners; in the case of a subdivision, neighborhood, or condominium that is self-managed with respect to the common areas, facilities, and other property of the subdivision, neighborhood, or condominium. Specifies that a person or board member engaging in such management activities is subject to all applicable statutory provisions concerning: (1) the requirements for the issuance and renewal of a license; (2) the standards of practice for licensees, including sanctions for violations of the standards; (3) enforcement proceedings and penalties for performing management activities without a license; and (4) the investigation and prosecution by the attorney general of complaints made against the person with respect to such management activities. Requires the attorney general and the real estate commission to seek to achieve consistency in conducting investigations and prosecutions and in applying sanctions, as applicable. Specifies that a person or board member engaging in such management activities acts, and is obligated to be licensed, on behalf of both: (1) the homeowners association or the association of co-owners as a corporation or an entity; and (2) the individual members of the homeowners association or the association of co-owners. Makes conforming amendments in the statutes governing: (1) condominiums; and (2) homeowners associations.

Broker licensure for property managers. Specifies that a person that, for consideration, manages the common areas and facilities or other property of: (1) a subdivision or neighborhood on behalf of a homeowners association; or (2) a condominium on behalf of an association of co-owners; must obtain and maintain a real estate broker license (license) regardless of whether the person or any of the person's partners, members, or employees is engaged in the actual sale or lease of real estate or units of real estate in the subdivision, neighborhood, or condominium. Provides that the same requirement applies to at least one member of the board of directors of: (1) a homeowners association; or (2) an association of co-owners; in the case of a subdivision, neighborhood, or condominium that is self-managed with respect to the common areas, facilities, and other property of the subdivision, neighborhood, or condominium. Specifies that a person or board member engaging in such management activities is subject to all applicable statutory provisions concerning: (1) the requirements for the issuance and renewal of a license; (2) the standards of practice for licensees, including sanctions for violations of the standards; (3) enforcement proceedings and penalties for performing management activities without a license; and (4) the investigation and prosecution by the attorney general of complaints made against the person with respect to such management activities. Requires the attorney general and the real estate commission to seek to achieve consistency in conducting investigations and prosecutions and in applying sanctions, as applicable. Specifies that a person or board member engaging in such management activities acts, and is obligated to be licensed, on behalf of both: (1) the homeowners association or the association of co-owners as a corporation or an entity; and (2) the individual members of the homeowners association or the association of co-owners. Makes conforming amendments in the statutes governing: (1) condominiums; and (2) homeowners associations.

Rep. Mike Speedy [R]

Date	Chamber	Action
2019-01-14	House	First reading: referred to Committee on Employment, Labor and Pensions
2019-01-14	House	Authored by Representative Speedy

Type	Source
Summary	https://iga.in.gov/legislative/2019/bills/house/1338/details
Text	http://iga.in.gov/static-documents/8/9/0/0/8900677d/HB1338.01.INTR.pdf