Representative Jovan Melton (D-Arapahoe County) has introduced House Bill 16-1149 (HB 1149) which would require HOAs created before July 1, 1992, to comply with the budget ratification provision in CCIOA.
In a nutshell, the budget ratification provision of CCIOA requires boards of HOAs to provide a summary of the proposed budget (many HOAs provide a copy of the actual budget) they have…
Senator Morgan Carroll (D-Aurora) has just introduced Senate Bill 16-082 ("SB 82") which would protect folks from retaliation when they report an alleged violation of their association’s governing documents or enforce their rights under Colorado law or the governing documents of their HOA.
If there is any retaliation against these individuals by the HOA, the board…
The first bill which would have an impact on single family home planned communities and very small condominium associations has been introduced in the House by Representative Daneya Esgar (D – Pueblo County) and Representative Michael Merrifled (D – El Paso County) and has been assigned to the House Agriculture, Livestock & Natural Resources Committee.
House Bill 16-1005 ("HB 1005")…
The 2016 Colorado legislative session is kicking off today! While the morning will be highlighted by speeches and the requisite amount of pomp, it shouldn’t take long for legislators to get down to the nitty gritty of election year politics.
The Colorado House is controlled by the Democrats and the Colorado Senate is controlled by the…
It was just over a year ago that Mayor Murphy led the charge for Metro Mayors by pushing through an ordinance that destroys the right of homeowners living in Lakewood to adequately pursue remedies for construction defects to their homes. Mayor Murphy argued that the right of HOAs, working on behalf of their homeowners, to hold builders responsible for their defective construction was hampering the development…
As attorneys who specialize in the practice of community association law, we often hear folks talk about service animals and the Americans with Disabilities Act ("ADA"). What most folks don’t understand is the ADA doesn’t apply to private residential HOAs. Instead, the ADA requirements relating to service animals apply to HOAs that provide a place of public…
The Colorado Division of Real Estate has hit the ball out of the park! Within an hour after informing them that Section 5 of the Community Association Manager License Application needed to be updated to include a category for managers who are directly employed by a common interest community, the application is finished and here…
As I mentioned in a blog posting last week, the Division of Real Estate has determined that common interest communities who directly employ a community association manager are not required to hold an "entity" license as a community association management company, are not required to carry E&O insurance or name an individual as a "designated…
Since House Bill 1343, the manager licensure clean-up bill, has been signed into Law, the Division of Real Estate has published Emergency Rules which relate in part to obtaining a Provisional License and Apprentice License. Here’s what you need to know:
Provisional License: To be eligible for a Provisional License, a community association manager must:
1. Submit a set of fingerprints for the purpose of a criminal background check;
2. Hold a qualifying educational credential as required by the Division of Real Estate;
3. Have sat for and not successfully passed the required portions of the Community Association Manager Examination; and
4. Submit an application for a Provisional License.
For those community association managers who are granted a Provisional License, those licenses will expire on January 31, 2015 and will not be issued after that date. As a result, if you obtain a Provisional License, it will be important to focus upon retaking and passing the required portions of the Community Association Manager Examination as quickly as possible. Continue Reading Emergency Rules Addressing Provisional and Apprentice Licenses
There has been a lot of confusion pertaining to the licensure of community association managers who are employed directly by a common interest community in Colorado. There have also been questions about whether these common interest communities must be licensed. After obtaining clarification from the Division of Real Estate and reviewing the Emergency Rules which were just published, here’s what you need…
