24.209.2301    UNPROFESSIONAL CONDUCT

(1) In addition to the provisions of 37-1-410, MCA, it is unprofessional conduct for property managers to: 

(a) violate a federal, state, or local law or rule relating to the conduct of the profession;

(b) engage the services of any person or entity on behalf of a principal, third-party, or other person, without:

(i) informing and obtaining consent from the person obligated to pay for the services; and

(ii) disclosing any family relationship, financial relationship, and/or financial interest that the licensee or the licensee's business may have in the person or entity being engaged;

(c) manage property owned by another person or entity without a written property management agreement in place, signed by the owner;

(d) accept, give, or charge an undisclosed commission, rebate, or profit on expenditures made for a principal;

(e) fail to adequately supervise employees;

(f) fail to cooperate with or respond to a department request;

(g) practice while one's license has expired or terminated. Receiving payments for the sale of the licensee's property management business without a valid license is not considered practicing as a property manager; and

(h) commit any act of sexual abuse, misconduct, or exploitation whether or not it is related to the licensee's practice.

History: 37-56-102, MCA; IMP, 37-1-410, 37-56-102, MCA; NEW, 2023 MAR p. 1870, Eff. 12/23/23.