Manager Regulation - Is Colorado Next?
Interesting. However applicable to California. To what extent is Colorado leaning and would they follow suit? What is the current "climate of change" and can we see something here in the 'near' future?
I believe that the Division of Real Estate should have oversight of the HOA industry and licensing of all managers should be mandated and should be holders of a real estate license. The government oversight is already in place through the Real Estate Division of the Department of Regulatory services. Why should we have another level of govenment employees set up for this one issue. We all pay taxes and to have another agency would only increase the tax burden on the citizens of Colorado.
I agree with David Phifer...we do not need more government, we need responsible government and utilization of the departments already in place.
Property management deals with real property-let the Colorado Real Estate Commission oversee the property managers.
Although many management companies are also engaged in real estate, I see no reason for HOA managers to obtain a real estate licence if their practice is limited to managing HOAs. More important would be degrees in business and accounting, not necessarily a strong point of existing management companies. Some type of regulatory procedures might well be indicated.
I would be in favor of manager licensing in Colorado, so long as there is a state agency (such as the Real-Estate Division) that would have oversight and to which complaints could be directed, and so long as this license is not tied in any way to membership in any professional organization (such as CAI).
It makes sense to some extent that anyone who is providing direct management services be under the oversight of the Division of Real Estate, but why make the requirements to manage a HOA more restrictive than the requirements to be a real estate sales person or a mortgage broker or a title officer? A real estate license has vey little to do with the management of an HOA but oversight should be considered a requirement as there is no agency now in place except the courts.
Associations deserve to have competent and well qualified managers. Often, poorly qualified managers (and management companies) fail to properly advise the Board of Directors resulting in the Association experiencing problems that could have been avoided. Does qualification include a real estate license as one reply suggested? I think the education and professional certification programs currently available through Community Associations Institute (CAI) provides us with the model, if not the actual process, to achieve the goal.
Can a HOA increase dues on Owners who have been renting their units for the past 10 years thereby increasing water, etc. costs. Most owners have two people per unit (while renters include 4+ people) thereby burdening owners with increased costs for services while the rental owner makes a profit on his ownership.
My opinion is that CID/HOA managers should be registered, licensed and overseen. However, the suggested requirement of also holding a real estate license of any sort is not relevant. Selling real estate and managing a Common Interest Ownership Association require two totally different skill and knowledge sets.
I think an even more interesting question might be to consider regulation, oversight, registration, education etc. of volunteers running self-managed HOA's.
I was going to add a comment but Lucius Day has already done it for me - thanks Mr. Day... I couldn't agree more or have said it better.