Tomorrow is the beginning of the legislative process to determine whether the licensure of community association managers will continue for another five years or whether the licensure program will be sunset. On Tuesday, January 30th, the House Business Affairs and Labor Committee will consider the 2017 Sunset Review: Community Association Management Practice Act (Sunset Report) prepared by the Colorado Department of Regulatory Agencies (DORA) to determine whether a bill should be introduced during the 2018 legislative session to continue the licensure program for five years and whether the bill should include the recommendations outlined in the Sunset Report which are:
1. Continue the CAM licensure program for five years, until 2023;
2. Authorize the Director of the Division of Real Estate to establish renewal fees for management companies;
3. Amend the definitions of “community association management” and “Community Association Manager,” and authorize the Director of the Division of Real Estate to promulgate rules clarifying the supervision requirements for support staff who are providing clerical, ministerial, accounting or maintenance functions to a licensee and specify any activities that would trigger support staff to be licensed;
4. Amend the supervision requirements for the Apprentice License and require the Director of the Division of Real Estate to define by rule the appropriate level of supervision related to specific activities of an Apprentice and detail any supervision requirements that are necessary to protect the public;
5. Repeal any references to private, professional credentials and authorize the Director of the Division of Real Estate to approve, by rule, any credentials, examinations or education deemed equivalent or superior to the education and examination otherwise required by the Director; and
6. Enhance the due process protections of a cease and desist order.
In addition to these recommendations relating to continuing the CAM licensure program for another five years, the Sunset Report also recommends that the Director of the Division of Real Estate should create an advisory committee to assist with drafting rules regarding the use of unlicensed support staff and Licensed Apprentices.
It is expected that the House Business Affairs and Labor Committee will approve the introduction of a bill, which should be introduced within a week or two, consisting of the recommendations outlined above. Once the bill is introduced and assigned to a committee for hearing, there will be a full vetting in testimony of the recommendations outlined in the Sunrise Report and additionally addressing the need to streamline the complaint and investigation process. However, all indications are that the House and Senate will approve continuing with the CAM licensure program for an additional five years.
Stay tuned to this blog for more information on the sunset review as it proceeds through the legislative process.