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Introduction
The general membership of the Association of Cooperative and Condominium
Managers believes it is necessary, appropriate and desirable to
make the following statement of the principles which guide its business
conduct in order to reaffirm its commitment to those principles,
to emphasize to its employees the standard of conduct demanded of
them and to assure that such standards are indeed observed and practiced.
The business operations and activities of the Association of Cooperative
and Condominium Managers members shall be conducted with integrity
and responsibility. Applicable laws and governmental regulations
shall be adhered to and all Association of Cooperative and Condominium
Managers members shall endeavor to fulfill their responsibilities
to all their constituencies to which they reside and conduct business.
The goal of the Association of Cooperative and Condominium Managers
is to establish and maintain public confidence in the honesty, integrity
and professionalism of the residential property and asset management
industry.
The Association of Cooperative and Condominium Managers as a professional
organization of residential property managers seek to work closely
with all other segments of the real estate industry to protect and
enhance the interests of the public. To this end, members of the
Association of Cooperative and Condominium Managers have adopted
and, as a condition of membership, agree to uphold and subscribe
to the Code of Professional Ethics. By doing so, the members give
notice that they recognize the need to preserve and encourage fair,
honest and equitable practices among all who engage in the profession
of residential property management. To this end, members of the
Association of Cooperative and Condominium Managers have subscribed
to this professional pledge:
- I pledge myself to the advancement of professional
property management through the mutual efforts of members of the
Association of Cooperative and Condominium Managers and by any
other proper means available to me.
- I pledge myself to seek and maintain an equitable,
honorable, and cooperative association with fellow members of
the Association of Cooperative and Condominium Managers and with
all others who may become a part of my business and professional
life.
- I pledge myself to place honesty, integrity,
and industriousness above all else; to pursue my gainful efforts
with diligent study and dedication to the end that service to
my clients shall always be maintained at the highest possible
level.
- I pledge myself to comply with the principles
and declarations of the Association of Cooperative and Condominium
Managers as set forth in its Charter.
Article 1. Fiduciary
Obligation to Clients
A member of the Association of Cooperative and Condominium
Managers shall at all times exercise loyalty to the interests of
the client and shall not engage in any activity which could be reasonably
construed as contrary to the best interests of the client. The Association
of Cooperative and Condominium Managers shall not represent personal
or business interests divergent or conflicting with those of the
client, unless the client is first notified in writing of the activity
or potential conflict of interest, and consents in writing to such
representation. The Association of Cooperative and Condominium Managers
as a fiduciary for the client shall not accept, directly or indirectly,
any rebate, fee, commission, discount, or other benefit, monetary
or otherwise, which has not been fully disclosed to and approved
by the client. Every member of the Association of Cooperative and
Condominium Managers shall maintain a Code of Ethics and Code of
Business Conduct between the member first and the member firm's
employees.
Article 2. Disclosure
A member of the Association of Cooperative and Condominium Managers
shall not disclose to a third party any confidential or proprietary
information which would be injurious or damaging to a client concerning
the client's business or personal affairs without the client's prior
written consent, unless, such disclosure is required or compelled
by law or regulation.
Article 3. Accounting and Reporting
A member of the Association of Cooperative and Condominium Managers
shall at all times keep and maintain accurate financial and business
records concerning each property managed for the client, which records
shall be, available for inspection by the client. A member of the
Association of Cooperative and Condominium Managers shall furnish
to the client at mutually agreed upon intervals, regular reports
concerning the client's properties.
Article 4. Protection of Funds
A member of the Association of Cooperative and Condominium Managers
shall not commingle personal funds with the funds of a client, but
shall keep the client's funds in a special account in an insured
financial institution or as otherwise directed in writing by the
client. A member of the Association of Cooperative and Condominium
Managers shall at all times exert due diligence for the maintenance
and protection of the client's funds against all reasonably foreseeable
contingencies and losses.
Article 5. Contract
Any written contract between a member of the Association of Cooperative
and Condominium Managers and a client shall be in clear and understandable
terms, and shall set forth the specific terms agreed upon between
the parties, including a general description of the services to
be provided by and the responsibilities of the member of the Association
of Cooperative and Condominium Managers.
Article 6. Vendor Prequalifications
A member of the Association of Cooperative and Condominium Managers
will establish, maintain and regularly review vendor prequalification
requirements that mandate vendors to agree in writing to comply
with the Association's Code of Ethics.
Article 7. Employee Education
A member of the Association of Cooperative and Condominium Managers
shall establish programs for employee training and participate in
Association programs of continuing education to insure that the
employees of member firms are informed and kept abreast of issues
and information relative to the management of residential properties.
Article 8. Managing the Property of the
Client
A member of the Association of Cooperative and Condominium Managers
shall not exaggerate, misrepresent or conceal material facts concerning
their client's property or any related transaction. Members of the
Association of Cooperative and Condominium Managers shall exercise
due diligence in the maintenance and management of the client's
property and shall make all reasonable efforts to protect it against
all reasonably foreseeable contingencies and losses.
Article 9. Compliance with Laws and Regulations
A member of the Association of Cooperative and Condominium Managers
shall at all times conduct business and personal activities with
knowledge of and in compliance with applicable federal, state and
local laws and regulations.
Article 10. Equal Opportunity
A member of the Association of Cooperative and Condominium Managers
shall not deny equal opportunity or equal professional services
to any person for reasons of race, color, creed, religion, sex,
familial status, sexual orientation, national origin, age or handicap.
Article 11. Duty to Individual Unit Owners
and Others
A member of the Association of Cooperative and Condominium Managers
shall competently manage the property of the client with due regard
for the rights, responsibilities and benefits of the individual
unit owners and others lawfully on the property. A member of the
Association of Cooperative and Condominium Managers shall not engage
in conduct which is in conscious disregard for the safety and health
of those persons lawfully on the premises of the client's property.
Article 12. Competitive Conduct and Commercial
Practices
A member of the Association of Cooperative and Condominium Managers
shall compete fairly in the marketplace, abstaining from unfair
or restrictive practices and collusive agreements. The member shall
deal fairly in the suppliers and customers. In advertising and marketing
its services, the member shall avoid untruths and any form of deception
or unfair advantage.
Article 13. Enforcement
Any violation by a member of the Association of Cooperative and
Condominium Managers of the obligations of this Code shall be determined
in accordance with and pursuant to the terms of the Charter. Disciplinary
action for violation of any portion of this Code shall be carried
out by the Association of Cooperative and Condominium Managers in
accordance with the by-laws, rules and regulations established by
the Board of Directors. The result of such disciplinary action shall
be final and binding upon the affected without recourse to the Association
of Cooperative and Condominium Managers, its officers, members,
employees or agents.
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copyright ©2000 Association of Cooperative
and Condominium Managers
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