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.
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…
It’s official – Governor Hickenlooper has signed House Bill 1343 ("HB 1343") into law! Now that this important manager licensure clean-up bill has been signed into law, we expect the Colorado Division of Real Estate to immediately publish emergency rules addressing the requirements and procedures which managers must follow to obtain the Apprentice License and Provisional License. When the emergency rules are published, we will pass that information along to you. In the meantime, since the provisions of HB 1343 immediately became effective, here is what managers need to know about the clean-up bill:
● The bill clears up who is required to be licensed as a Community Association Manager (“CAM”) and who is not required to be licensed.
● CEOs of management companies who do not engage in community association management and are not the Designated Manager for their companies, are not required to be licensed as CAMs.
● An employee of a management company, working under the supervision of a licensed CAM, is not required to be licensed if that employee performs clerical, ministerial, accounting or maintenance functions.
● An employee of a common interest community who only performs clerical, ministerial, accounting or maintenance functions is not required to be licensed as a CAM.
● An independent contractor who only performs clerical, ministerial, accounting or maintenance functions, and who does not perform community association management functions, is not required to be licensed.
● An individual holding an Apprentice License and who is working under the direct supervision of a CAM, is not required to be licensed as a CAM during the period of time their Apprentice License is in effect (1 year).
On Sunday, the Denver Post ran an article indicating that community association managers are struggling with passing the manager licensure exam and some representatives of Community Associations Institute ("CAI") feel the test may not be well written. While the overall pass rate for both portions of the exam was accurately reported and is absolutely respectable, here’s the good news for community association…
Now that S.B. 177 has been killed, it might be useful to talk about what our concerns were with its provisions. We don’t disagree that the process of resolving construction defect claims needs to be corrected. What we oppose is the resolution on the backs of consumer home buyers by effectively taking away their rights to some recourse in the event they suffer from significant defects in the design or construction of their homes.
The 2015 legislative session of the Colorado General Assembly ends today. In the final few days, the following HOA-related bills were killed in the Senate:
House Bill 1259: HB 1259 would have prevented HOAs from prohibiting members from installing rain barrels on property they own in their associations. This bill sailed through the House, but…
Senate amendments to House Bill 1343 ("HB 1343") were given the thumbs-up yesterday by the House and the bill is now headed to Governor Hickenlooper to be signed into law. In a legislative session that was highlighted by partisan politics, HB 1343 had bipartisan unanimous approval through every step of the process. That’s a truly astounding success story!
HB 1343 will immediately become effective as soon as the Governor signs the bill into law. Here’s what you need to know about HB 1343:
HB 1343 just cleared the Senate Business, Labor & Technology Committee with unanimous bipartisan support. The bill is now headed to the Senate Appropriations Committee where we expect it to be approved and then on to the full Senate for consideration.
HB 1343 was amended in Committee this morning to clarify that independent contractors and employees…
Yesterday the House State Affairs Committee killed Senate Bill 177 on a party line vote. While the spin on SB 177 from a coalition led by the Metro Mayors Caucus and Denver Chamber of Commerce was impressive, there is no question the bill would have destroyed the rights of homeowners living in HOAs to hold builders fully…