Where would you even look to find the answer to this question?
Other than asking a knowledgeable landlord tenant attorney, or reading this blog (published by a knowledgeable landlord tenant attorney), the Real Estate Commission website has a lot of information for anyone who is interested in the regulation of real estate in North Carolina.
First Question: What is Property Management?
According to the NC Real Estate commission, the term "property management" encompasses a broad range of complex activities, it may in its simplest form be said to consist of (1) procuring suitable tenants for rental property, (2) collecting rents/security deposits, (3) providing for the care and maintenance of the leased premises, and (4) maintaining records regarding the property.
Second Question: Who Can Manage Real Property?
The list is pretty short: 1) a licensed realtor; 2)the property owner; 3) employees of the property owner if the owner is a corporation; 3)a manager in the owner's limited liability company (the manager means in the formal LLC sense, but they do not have to also be a member); and clerical, maintenance or janitorial personnel or other person~ who are not involved in the renting' or leasing of real estate.
Third Question: Who Is An Employee of the Owner?
To determine whether persons are regular employees of the property owner (as opposed to agents or independent contractors), the Real Estate Licensing Board applies the following tests:
Does the property owner personally exercise strict control and supervision over such persons?
Does the property owner compensate these persons on a salary basis rather than on a commission or transactional basis?
Does the property owner pay social security taxes on their earnings?
If the answer to any of these questions is "no", then a presumption is raised that the person is not, in fact, an employee of the property owner, and therefore a real estate license would be required in order for this person to handle real estate transactions for the owner.
Fourth Question: Can a Real Estate Broker Form a Management Company And Employ Unlicensed Individuals to Manage Property Under His Supervision?
In a word, NO.
Fifth Question: Is It Really A Big Deal If I Manage A Property Without Authority?
To act as an agent in the leasing or renting of real estate without the required license(s) is a criminal offense.
When employing a management company you should confirm that they are licensed to manage property in North Carolina. As a final thought, not all management companies are equally knowledgeable and effective. Make sure that they are experienced and keep abreast of the constantly changes laws and ordinances that affect your property and your tenants.
Norman D. Praet, Esq. - Assisting owners and managers of rental property.
