After receiving numerous complaints related to unscrupulous community association managers, Colorado sought to more closely regulate community association managers through the introduction of House Bill 13-1277 in 2013. Codified in Section 38-33.3-402 of the Colorado Common Interest Ownership Act, any person who manages the affairs of a common interest community on behalf of an HOA for compensation, must now meet minimum qualifications, and obtain and maintain a license. Section 12-61-1002 makes it unlawful for any person to engage in, or hold themselves out as qualified, the business of community association management without first having obtained a license or during any period in which the license is revoked or suspended.
What Qualifies A Community Association Manager
Colorado Revised Statutes Section 12-61-1001 defines a community association manager as any person or firm, partnership, limited liability company, association, or corporation that engages in or attempts to engage in community association management for compensation by fee, commission, salary, or anything else of value.
A community association manager does not include:
Licensure Requirements
Colorado Revised Statutes Section 12-61-1003 sets forth the requirements to obtain a Colorado Community Association Manager Licensure. Section 1003 requires an applicant to submit several documents prior to even submitting for the licensure test. Once those requirements have been met, an applicant must pass a two-part licensure test.
Requirements Prior To Submitting Application For Licensure
Colorado sets forth several prerequisites that must be satisfied prior to submitting an application for a license. More specifically, each applicant must:
An applicant is ineligible for a license if the person has, within the preceding ten years, had a license or certification as a community association manager revoked or suspended in any state that regulates community association managers. However, the director has the discretion to accept the application if at least two years have elapsed since the date of the revocation or suspension, and the applicant has proved to the director they are fit to be licensed as a community association manager in Colorado.
Community Association Manager Examination
Once the above described requirements have been satisfied, an applicant must pass the community association manager licensure examination. The examination consists of two separate portions – the General Portion which measures the competency of the applicant in carrying out the core functions of community association management and the Colorado Law Portion which measures an understanding of the basic provisions of legal documents and Colorado law with which managers are required to comply.
Of note, any applicant who has maintained their CMCA, AMS, or PCAM, need complete only the Colorado Law Portion of the community association manager licensure examination.
Reciprocity
Section 1003 allows for the issuance of licenses without examination to community association managers licensed that are licensed in another state that regulates community association managers, for at least two years, and establishes that they possess qualifications that are substantively equivalent to the requirements in Colorado for licensure by examination. However, the Director of the Division of Real Estate may require a person so licensed to take the Colorado Law Portion of the examination within a specified time after first receiving a Colorado license.
Established in 1985, Merlin Law Group is a leading insurance litigation law firm committed to assisting policyholders receive fair and just outcomes from their insurance companies.