HOAleader.com - Tip of the Week - August 23, 2019
Published: Fri, 08/23/19
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Colorado Governor Vetoes Manager Licensing Bill; What’s Happening In Other States?
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In this week's tip, we report on the Colorado governor's veto of a community association manager licensing bill, plus update you on the trend for such laws nationwide.
Colorado was on track to renew its community association manager licensing law — a handful of states have passed such laws requiring community association managers to become licensed or get certain training — and then the governor shocked everyone and vetoed the bill.
David Firmin didn't see that coming.
The managing partner at Altitude Community Law PC in Lakewood, Colo., with satellite offices in Loveland and Colorado Springs, sure wasn't expecting what happened with the state's community association manager licensing law.
"It was a shock," he admits.
The state's legislature was determining whether to extend the manager licensing law, and it passed the bill with a one-year extension. The bill went to the Democratic governor, Jared Polis, for what most people thought was the routine action of signature, which would have meant the law was enacted. That's not what happened.
"I think what happened is that the bill that finally came out of the legislature kicked the can down the road a year," surmises Firmin. "It would have extended the program we already had for a year and included a provision that a stakeholder group would see what that law should look like in the meantime.
"In his statement vetoing the bill, the governor stated that the bill didn't address the concerns of the people of the state of Colorado and that private organizations can do a better job in addressing those concerns," explains Firmin. "He also said that to continue to renew a program that may not continue in a year — because it might change since they're starting from scratch, anyway — didn't make sense."
Instead of signing the law, Polis issued an executive order seeking a review of:
*The licensure of community association managers, including whether licensure is needed to protect consumer safety and is cost-effective
*Approaches that improve transparency among HOAs
*Methods to reduce costs and improve the transparency or HOA fees and fee schedules
*The state's common interest ownership act to determine strategies to promote homeowners' rights and consumer protections
That's what the governor said and did publicly. But Firmin has a guess as to what happened behind the scenes. Find out more, along with what's happening elsewhere when it comes to manager licensing, in our new article: https://www.hoaleader.com/members/3972.cfm
Best regards,
Matt Humphrey
President
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HOA Policies: 25 Sample Policies Every Homeowners Association Board of Directors Should Consider
In this newly updated and expanded special report, we lay the groundwork for your HOA board to draft policies and procedures governing a broad scope of condo or homeowners association life by providing you with 25 sample policies released exclusively to you by HOAleader.com's expert contributors.
Click here for the special report:
https://www.hoaleader.com/public/HOA-Policies.cfm
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Recent articles posted at HOAleader.com:
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Is This HOA Making Enemies Unnecessarily?
An HOAleader.com reader asks, "I live in a 360-unit condo complex. We have an association center that's underused. In fact, the only thing it's used for is events (bridal showers, baby showers, graduation parties, etc).
Click here to read full article:
https://www.hoaleader.com/members/This-HOA-Making-Enemies-Unnecessarily.cfm
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Are These Condo/HOA Board Member Truly Conflicted?
At a recent HOAleader.com webinar on board members' fiduciary duties, a listener assumed it was a conflict of interest for the board president to be a real estate agent who sells homes in the community.
Click here to read full article:
https://www.hoaleader.com/members/Are-These-CondoHOA-Board-Member-Truly-Conflicted.cfm
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The Curious Case of the HOA Mailbox Responsibility
An HOAleader.com writes, "I find that attorneys give varying answers to statute interpretation. Our Florida home is in an HOA with each home having their own mailbox by the curb. Some call this common ground, but a mailbox purpose is for owner's use. Who's responsible to repair and replace mailboxes? If there's no indication in our documents related to this, then who's responsible?"
Click here to read full article:
https://www.hoaleader.com/members/Curious-Case-HOA-Mailbox-Responsibility.cfm
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What It Means for a Condo/HOA Board to Be Transparent
Surely, your members have demanded transparency. And you've heard experts say it's a wise practice, too. Your response is probably: We're transparent! How much more transparent could we be, for crying out loud?
Click here to read full article:
https://www.hoaleader.com/members/What-It-Means-for-CondoHOA-Board-Be-Transparent.cfm
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Can You Use Condo/HOA Special Assessment Money for Reasons Other Than Those You Stated?
An HOAleader.com reader writes, "My association agreed on a special assessment to start repairs on our shared well. After collecting the first $14,000 toward repairs of the well system, our treasurer says he used $7,000 of that money to pay old bills. Is that legal? We also had approximately $20,000 in reserves at the time he did this."
Click here to read full article:
https://www.hoaleader.com/members/Can-You-Use-CondoHOA-Special-Assessment-Money-for-Reasons-Other-Than-Those-You-Stated.cfm
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Upcoming Event
HOA Reserves and Other Funding Options: Tips to Be a Smart HOA Money Manager
An HOAleader.com Webinar for Condo and HOA Boards
Thursday, Sept. 12, 2019
2-3 p.m. Eastern
Learn more or register now:
https://www.hoaleader.com/products/smart-hoa-money-manager-hoa-reserves-a.cfm
Members save $30!
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