Late on Friday, Governor Polis vetoed HB 19-1212, effectively killing the manager licensure program.
After a hard fought battle in the legislature, we reported that HB 19-1212 had passed out of the Legislative Chambers with the goal of continuing the manager licensure program for one year, while creating a stakeholders committee to make recommendations for improvement in 2020. However, passage out of the legislature was not enough security for HB19-1212 as it faced continued scrutiny.
Effective June 30, 2019 licensure will no longer be required for management companies and managers. We have no doubt that this will be discussed again next year but given the recent history of the program, the future of licensure remains uncertain.
Why, this is the best news we managers could have gotten! I honestly don’t know why any attorney would have ever supported it. Must have been a money-maker, but it surely did not help us in any substantive manner, and homeowners still have the very-same complaints they had before.
What we need is a state ombudsman for HOAs, someone who can take real action on complaints. We need a way to enforce state laws without an aggrieved owner’s having to hire an attorney. And we need–most of all–a dispute-resolution process for all complaints and an expedited-hearing process, such as arbitration or a hearing panel. Anyone truly interested in helping HOAs would hop on it and get these things done. But I won’t hold my breath waiting for CAI to do it.
Hurray! !!!!!!! It wasn’t needed in the first place. Just a money maker for folks like you.
As I stated in my numerous communications with various legislators, there were far too many INFIRMATIES associated with the law that it ended up being amended to the point that even the Democrat Leadership in the Senate extended it only one year versus the standard renewal.
In it’s July 2015 Common Ground, CAI commented that the licensing adopted effective July 1, 2015 might face challenges as a result of the SCOTUS 6-3 ruling in North Carolina Board of Dental Examiners vs. Federal Trade Commission in February 2015.
The fact that the Division of Real Estate never fully implemented the findings and recommendations of the 2017 SunSet Review, never implemented formalized Due Process Procedures, involved investigators (trained in Title 4) investigating Licensees (trained in Title 7 and Title 38) and was lacking in their Due Diligence was far too problematic to be corrected with a few amendments.
Not to mention the fact that of a sampling of 29 Professions and Occupations that provide 38 private credentials…ZERO afforded the holders of these credentials the opportunity to By-Pass “ANY” portion of a licensing exam. This is disparate, selective, and constitutes a government exemption not available to others.
Those were just a few of the inherent problems, in my mind, that 2019-1212 was facing.
Sort of feels like a slap in the face to those of us that have made the effort to learn and be professional.
Could this also be the eventual fate of the poorly thought-out short-term rental licsening requirement?