On January 20th, Representative Kevin Van Winkle (R) introduced House Bill 17-1112 (HB 1112) which would provide immunity from penalties for individuals who engage in the unauthorized practice of a profession regulated by the Department of Regulatory Agencies (DORA), like a realtor engaging in the unauthorized practice of community association management, under the following circumstances:
- The individual contacts DORA;
- The individual discloses their unauthorized practice to DORA in an attempt to determine whether what they are doing constitutes the unauthorized practice of a profession;
- DORA has not determined previously that this person has engaged in the unauthorized practice of a profession;
- The individual is already licensed by or registered with DORA to practice a profession; and
- The unauthorized practice is in a field related to the field in which it individual is licensed, regulated or otherwise authorized to practice.
The perfect example of this is a realtor engaging in community association management without being licensed as a community association manager. In their Manager Licensure FAQs, the Colorado Division of Real Estate (which is a part of DORA) is perfectly clear about what constitutes the practice of community association management. Given the guidance which the Division of Real Estate has given on what constitutes the practice of community association management, does it make sense to give realtors who are not licensed community association managers immunity from penalties for engaging in community association management? That doesn’t make sense to me. However, you make the call!
Keep your eye on this blog for updated information on HB 1112, and all other bills impacting HOAs, as it proceeds through the legislative process.