It seems like each state has a hero in the anti-HOA movement. Colorado has Stan Hrincevich. He has worked long and hard to get some kind of state control over the HOA scam. Here’s his latest update on HOA legislation in our state:
The HOA Property Manager (aka Community Association Manager (CAM)) licensing law was fully implemented July 15, 2015. This law provides homeowners a chance to help clean-up abusive industry practices and provide a forum for home owners to rein in violations of State law and HOA governing documents. HB 13-1277 is the licensing law.
The complaint process involves an on-line/web application and is fully explained in our Complaint Guide and should not take more than 15-20 minutes. Since the State HOA Office has no investigative or enforcement authority we suggest you direct all your HOA problems that you want investigated to the Department of Regulatory Agencies (DORA) under the licensing law. The State HOA Office can also be apprised.
Several CAM violations stand out and we ask you and your fellow homeowners to pursue via a complaint:
1) CAM is not licensed (simple lookup on your part)
2) violations in conducting elections, meetings, extremely poor property maintenance, records release (items a,b,and/or c below) and
3) charging HOA Transfer Fees (items “a” and “c” below). All are applicable to CAM complaints. Each one requires a separate complaint.
The explanation of your CAM complaint involves:
1) a description of your problem including how you understand it violates your rights. Include one or more of the below statements extracted from the licensing law to support your complaint.
2) Evidence such as you paid a Transfer Fee documented on your home closing papers, your request for documents has been refused, etc.
Supporting all complaints should be your documentation including an email informing BOTH the HOA Board and CAM of your problem, allow 7-10 days for resolution and if not resolved file a complaint. If you need guidance let us know. Complaints are confidential with DORA.
Let’s all participate to surface problems and hold violators accountable.
Extracts from CAM Licensing Law:
a. KNOWINGLY VIOLATING OR KNOWINGLY DIRECTING OTHERS TO VIOLATE CCIOA (or your HOA governing documents)
b. HAVING DEMONSTRATED UNWORTHINESS OR INCOMPETENCY TO ACT AS A COMMUNITY ASSOCIATION MANAGER BY CONDUCTING BUSINESS IN SUCH A MANNER AS TO ENDANGER THE INTEREST OF THE PUBLIC
c. ANY OTHER CONDUCT, WHETHER OF THE SAME OR A DIFFERENT CHARACTER THAN SPECIFIED IN THIS SUBSECTION (1), THAT CONSTITUTES DISHONEST DEALING.
Stan Hrincevich
Colorado HOA Forum LLC
www.coloradohoaforum.com
email: coloradohoaforum@gmail.com or coloradohoaforum@coloradohoaforum.com
