As we move closer to the implementation of House Bill 13-1277, the Division of Real Estate (Division) continues to develop the regulatory elements of the legislation into the Community Association Manager Program. As the legislation will be effective January 1, 2015, the Division will be holding an emergency rule-making hearing on Friday, January 2, 2015. The purpose of this meeting will be to adopt only the rules necessary for initial licensing. This includes education, testing, licensing and insurance requirements needed for licensure. These requirements are incorporated into the proposed A rules (licensing qualification, applications & examinations), C rules (licensing – office) and the D rules (renewal, transfer, inactive license, reinstatement and insurance). The rule-making hearing will be held at the Ralph L. Carr Colorado Judicial Center in conference room 1B located at 2 East 14th Ave., Denver, CO 80202. The hearing will begin at 10:00 am and public testimony will be taken at this time for any of the rules being considered for adoption. As the emergency rules will expire on May 2, the Division will conduct a permanent rule-making hearing at the end of February to consider for adoption all the program rules. The specific date and location of the hearing will be sent out at the beginning of January when the proposed rules are noticed with the Colorado Secretary of State. As with all rule-making in Colorado, public comments will be accepted by the Division once the rules are noticed and public testimony will be heard at the hearing.
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In preparation for the rule-making process, the Division released draft rules earlier this year and requested feedback from industry stakeholders to include; trade associations, community association managers, property managers, licensed real estate brokers, consumers and attorneys. The Division received a great deal of feedback from interested parties during the comment period. This feedback was very insightful and useful for Division staff in identifying several issues, concerns and misconceptions about the initial draft rules. Over the past several months, Division staff members have discussed the comments, researched troubled areas, and modified the rules when applicable. To that end, the revised rules have been posted on the Division’s Community Association Manager Licensing Proposed Rules webpage for review. The revised rules will be the basis for the upcoming rule-making hearings. As with the initial draft rules, there are 8 categories of rules, which are as follows:
- A Rules – License Qualifications, Applications & Examinations
- B Rules – Continuing Education
- C Rules – Licensing – Office
- D Rules – Renewal, Transfer, Inactive License, Reinstatement and Insurance
- E Rules – Separate Accounts – Records – Accountings
- F Rules – Professional Standards – Investigations
- G Rules – Declaratory Orders
- H Rules – Exceptions and Director Review of Initial Decisions
In preparation for the permanent rule-making hearing, all parties may make formal comments on the proposed rules by submitting feedback to the Division of Real Estate at the following address:
The Division of Real Estate
ATTN: CAM Rulemaking
1560 Broadway, Ste. 925Denver, CO 80202
In regards to the Division created alternative qualifying education course, the Division’s education task force released the content outline to the education community in August of 2014. To date, the Division has approved two Colorado occupational schools to offer the 24-hour qualifying education course. One school is open for enrollment and the other will be ready by mid-December. Please visit the Division’s website to view the approved schools. The Division will continue to update the approved course provider list as new providers apply to offer the credential. As a reminder, the Division created course is an alternative to holding one of the credentials identified in statute and therefore, is not a requirement for anyone holding a CMCA, AMS, or PCAM credential.
Division staff has greatly appreciated the participation and input from industry and consumer groups. This cooperation is critical to the Division’s ability to fulfill its mission of protecting the Colorado consumer; as well as promoting a fair and competitive business environment through appropriate and meaningful regulations.
The Division of Real Estate is the licensing, regulation and enforcement agency for the real estate broker, appraiser and mortgage loan originator industries.