Q Implementation Dates and Licensing Requirements Deadlines Education The Division has created a 24 hour course that an applicant can take to satisfy the education requirements. This 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.

Fingerprinting Applicants must submit fingerprints for criminal history background checks. Community Association Manager Background Check Requirements

Testing – Ongoing The Division has made available the community association manager test for licensing for applicants. Testing will be provided by PSI. Please review the candidate information bulletin for more information. Community Association Manager Candidate Information Bulletin

Licensing Application Applications for obtaining a community association manager license are available on the Division Community Association Managers Fees and Applications page. for completion and submission.

July 1, 2015 Community association managers must be licensed in order to manage a common interest community in the State of Colorado by July 1, 2015.

Q Who is required to be licensed as a community association manager?

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Those required to be licensed as a community association manager are any person, firm, partnership, limited liability company, association, or corporation that, in consideration of compensation by fee, commission, salary, or anything of value with the intentions of receiving or collecting such compensation, whether or not the compensation is received by the licensed manager directly or by the licensed entity that employs the licensed manager, engages in or offers or attempts to engage in community association management in Colorado. Community Association Management means any of the following practices relating to the management of a Common Interest Community, at the direction or on behalf of its executive board: 1. In interactions with members or non-members of the Common Interest Community, acting with the authority of the Common Interest Community with respect to its business, legal, financial, or other transactions; 2. Executing the resolutions and decisions of the Executive Board; 3. Enforcing the rights of the Common Interest Community secured by Statute, Contract, Covenant, Rule or bylaw; 4. Administering or coordinating maintenance of property or facilities of the Common Interest Community; 5. Administering applications for architectural review; 6. Arranging, conducting or coordinating meetings of the Common Interest Community’s membership or executive board. 7. Maintaining the Common Interest Community’s records pursuant to its governing documents and applicable provisions of the CCIOA; or 8. Administering, or otherwise exercising control of, a Common Interest Community’s funds, including the administration of a reserve program for the major repair or replacement of capital assets.

Exemptions to Licensure The following are the statutory exemptions to licensure: 1. A person who, under the direct supervision of a manager, performs any clerical, ministerial, accounting or maintenance function.

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2. An independent contractor: who performs any clerical, ministerial, accounting or maintenance function; 3. Any public official in the conduct of his or her official duties; 4. A receiver, trustee, administrator, conservator, executor, or guardian acting under proper authorization; 5. A person, firm, partnership, limited liability company, or association acting personally or corporation acting through its officers or regular salaried employee, on behalf of that person or on in its own behalf as principal in acquiring or in negotiating to acquire any interest in real estate; 6. An attorney-at-law in connection with his or her representation of clients in the practice of law; 7. A corporation with respect to property owned or leased by it, acting through its officers or regular salaried employees, when such acts are incidental and necessary in the ordinary course of the corporation’s business activities of a non-property management nature.

Q When will I be required to be licensed as a community association manager? July 1, 2015 Pursuant to section 12-61-1002(1), C.R.S., effective July 1, 2015, it is unlawful for any person to engage in, or to hold out himself, herself, or itself as qualified to engage in the business of community association management without first having obtained a license from the Division of Real Estate. In order to be licensed by July 1st, 2015 the applicant must complete the following: ●

Hold one of the credentials found in section 12-61-1003(5)(a)(I)(A), (B), or (C), C.R.S., or complete 24 hours of alternative instruction created by the Division of Real Estate; ● Certify completion of the required educational requirements; ● Pass the required portion(s) of the State Exam;

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● Submit a set of fingerprints to the Colorado Bureau of Investigation for the purpose of conducting a fingerprint-based criminal history record check; and ● Complete the Division created application for licensure.

Q Are there different licensure requirements for self-managed common interest communities? If a self-managed association provides remuneration to any person(s) performing any activities as defined in Section 12-61-1001(4), C.R.S., then any such person(s) is required to hold a community association manager license. If a self-managed association does not provide remuneration for management activities performed, then any such person(s) would not be required to hold a community association manager license.

Q Are community associations required to hire a manager? No.

Q Is there any reciprocity for individuals holding a community association manager license from another state? The Division may issue a license to an applicant who has held a community association manager license in another jurisdiction that regulates community association managers and who has been licensed for two (2) or more years prior to applying for a Colorado license. The applicant must establish that he or she possesses credentials and qualifications that are substantively equivalent to the requirements in Colorado for licensure by examination, as determined by the Director. Any person so licensed may be required to take the portion of the examination pertaining to the legal documents and statutes that enable a community association to operate, including the

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Colorado Common Interest Ownership Act (CCIOA) and other applicable provisions of Colorado law, within 30 days after first receiving a Colorado license.

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Q How do I complete the criminal history background check for licensure? Prior to submitting an application for licensure, each applicant must submit a set of fingerprints to the Colorado Bureau of Investigation (CBI) for the purpose of conducting a Colorado and national fingerprint-based criminal history background check utilizing records of CBI and the FBI. Applicants applying for a community association license, who currently hold any other professional license (such as a real estate broker license) will still be required to complete this process. Options for Getting and Submitting Fingerprints CBI only conducts background checks; they do not perform the actual fingerprinting. You must utilize one of the following methods for getting fingerprinted and communicating information to CBI. Contact The CBI to verify cost or if you have any questions  CBI does not accept personal checks. Payment can be made (payable to CBI) by money order, cash, Visa, MasterCard and cashier’s check. Company checks are also accepted. 

Most providers of fingerprinting services will charge a fee in addition to the fee payable to CBI. Mail Fingerprint cards to: Colorado Bureau of Investigations (CBI) 690 Kippling Street Suite 3000 Denver, CO 80215

Option1 (Electronic Transfer) Utilize an electronic transfer of fingerprints and identification information directly to CBI. The providers listed below will collect the CBI fee and transmit the fingerprint data and identification Page 6

information to CBI. This process does not utilize a paper fingerprint card. However, when you are asked by the person taking your fingerprints, you will need to know the identification information described below in the Additional Information section. Locations ● Arapahoe Community College ● PSI (Psychological Services Incorporated) ○ Testing Center Facilities ○ Contact Information Option 2 (Fingerprint Card with Electronic Transfer) Use the fingerprint card # FD-258 and utilize an electronic transfer of fingerprints onto the card. See Additional Information below for availability of card #FD-258.. You must complete all fields on the fingerprint card. Afterward, you will need to either mail or deliver the completed fingerprint card to CBI along with the fee. See CBI contact information above. Leave the identification information area of the fingerprint card blank until the person taking your fingerprints asks you to furnish the information. The following County Sheriff Departments will electronically transfer fingerprints onto the fingerprint card. You will need to contact them for hours of operation and payment information: Douglas

Boulder

Eagle

Elbert

Grand

Gunnison

Hinsdale

Larimer

Logan

Moffat

Oray

Pueblo

Rio Grande

Saguache

Summit

Weld

Option 3 (Rolled Ink Transfer) Most police departments will utilize the rolled ink transfer of fingerprints onto card #FD-258. Call for hours of operations and cost. See Additional Information below for availability of card #FD-258. Leave the identification information area of the fingerprint card blank until the person

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taking your fingerprints asks you to furnish the information. Afterward, you will need to either mail or deliver the completed card to CBI along with the fee. The ink method can have the highest rate of failure due to lower quality of print characteristics. If you choose this method it is recommended that it be performed by a law enforcement agency trained in the process. Additional Information If you utilize option 2 or 3 be sure all of the information asked for in the spaces on the top portion of the fingerprint card are completely filled out, or the fingerprint card will be rejected. You will need to also fill in the following spaces on the fingerprint card with the following information: EMPLOYER AND ADDRESS

REASON FINGERPRINTED

YOUR NO. OCA

ORI

Real Estate Broker 12-61103(1)(b)(I) C.R.S. Real Estate Appraiser: 12-61-706(10) C.R.S. Colorado Division of Real Estate 1560 Broadway, Ste.925 Denver, CO 80202

Community Association Managers 12-61-1003(1)(b)(1) C.R.S. Mortgage Loan Originator: 12-61-903(5)(a) C.R.S. Appraisal Management Company 12-61-706.3(3) C.R.S.

Notice

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CO920100Z

COCBI0000 COLO B OF I Denver, CO

The above methods produce varying degrees of quality of fingerprint characteristics and length of time involved in the background check. Information available at this time indicates that the electronic method of fingerprinting and transmittal with Arapahoe Community College has the highest degree of quality of fingerprint characteristics and transmittal. Applicants whose fingerprints are not readable due to low quality of fingerprint characteristics will be required to resubmit to CBI (for an additional fee) fingerprints that are readable. Be sure to sign the fingerprint card, and have the person performing the fingerprinting sign the fingerprint card in the space titled: SIGNATURE OF OFFICIAL TAKING FINGERPRINTS. Blank Card Number FD-258 (REV. 5-11-99) is available at some real estate schools and at State Forms Center: 4200 Garfield Street, Denver CO 80216. Phone 303-370-2165. Hours of operation: M – F, 8:00 am –4:00 pm. Cost: $.25 cents.

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Q What will be the complaint and investigation process for community association manager licensees in Colorado? When a complaint is received by the Division of Real Estate against a licensed community association manager it is assigned to one of our investigative staff to review for violations of manager licensing laws and regulations. The Division’s jurisdiction extends only to matters where violations of licensing laws and/or rules have occurred. The Division has no jurisdiction with regard to: ● any civil claims or disputes with an common interest community association where no license law violations have occurred; ● mediating any disputes or rendering any decision upon the parties; and ● investigating allegations of license law violation(s) that occurred prior to July, 1 2015.

Complaint Process After a complaint is received and reviewed for possible license law violations, a copy of the complaint will be sent to the licensee for an opportunity to respond to the allegations. After the investigative staff has reviewed the written responses, any supporting documentation, interviews of the complainant, respondent and any witnesses, a determination is made of any violations to license law or regulations. If no violations of licensing law are substantiated in the investigation, the complaint is dismissed. If the evidence supports a possible violation of license law, the Director will recommend appropriate discipline to be taken against the licensee. This may include, but is not limited to additional education, fines, probation, restricted license, public censure, and revocation. The licensee may accept the recommended discipline or exercise their right to due process. If the licensee accepts the discipline, the case is closed and the Division monitors compliance of the stipulated discipline. If the licensee does not accept the recommend discipline, the case will be turned over to the Attorney General's office for notice of charges to be filed. The respondent will have an opportunity to present their case in front of an Administrative Law Judge, who will then make the determination as to any license law violation(s) and the appropriate discipline.

Restitution Notice The Division does not have the authority to order restitution in any case.

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Q In what types of common interest communities will a community association manager need to be licensed? The community association manager licensing statute encompasses the licensure of professional managers that manage various types of common interest communities, including, but not limited to residential, mixed-use, commercial, and condo hotel communities.

Q What are the educational and testing requirements for licensure as a community association manager? House Bill 13-1277 requires licensing for anyone who engages in certain defined activities of a “Community Association Manager” relating to the management of a common interest community. An applicant for a community association manager’s license must hold one of the following credentials: ● ● ● ●

Certified Manager of Community Associations or “CMCA”; Association Management Specialist or “AMS”; Professional Community Association Manager or “PCAM”; or A credential identified by the Director.* *The Division of Real Estate is charged with creating an education content outline to be used by third party education providers; to include occupational schools, trade associations, and other exempt providers. After successful completion of the Division created 24 hour course, an applicant for licensure will have satisfied the education requirements. This 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. (See Rule A-3)

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Individuals must also certify completion of any educational requirements and pass an examination designed to determine the competency of the applicant in the following subject matter areas: ● The legal documents and statutes that enable a community association to operate, including the Colorado Common Interest Ownership Act (“CCIOA”) and other “applicable provisions of Colorado law”; and ● “Other core competencies” as specified by the Director of the Division of Real Estate.

Q Where can I obtain the pre-license education requirements for community association licensure in Colorado? Pre-license education requirements can be obtained by way of two options:

Options 1 Individuals wanting to pursue the “Certified Manager of Community Associations” (CMCA) credential should contact the Community Association Managers International Certification Board (CAMICB) by visiting their website at www.camicb.org. Individuals seeking information about the “Association Management Specialist” (AMS) or the “Professional Community Association Manager” (PCAM) should contact the Community Association Institute (CAI) by visiting their website at www.caionline.org. Individuals interested in the AMS or PCAM credentials may need to meet experience and education requirements prior to pursuing the AMS or PCAM credential.

Option 2 The Division has a published list on its website of all approved providers of the alternative credential. Many of the providers will offer the course in a live classroom setting and as an online course. Click here for a complete list of approved education providers.

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Q What will be the requirements for continuing education for community association managers? Pursuant to section 12-61-1000(3), C.R.S., the Director of the Division of Real estate will establish, by rule, the continuing education requirements for licensed community association managers. The proposed B rules require licensed community association managers to successfully complete eight (8) hours of continuing education courses in approved subject material per year. Licensees will need to provide proof of completion before they renew an active license, activate an inactive license, or reinstate an expired license to active status. However, a licensee may choose to take and successfully pass the Colorado state portion of the community association manager test in lieu of the eight (8) hours of continuing education courses. Any dual licensee completing courses approved by and taken in satisfaction of another occupational licensing authority’s education requirements (for instance real estate brokers, attorneys, etc.,) may apply the continuing education credit towards their community association manager’s CE requirements subject to the courses meeting all provisions of the B rules, including approved education subject areas.

Q What is the Apprentice License and what are the requirements? An Apprentice means a person who: a) Has not completed the education and examination requirements for obtaining a community association manager license; b) Is under the control and DIRECT SUPERVISION of a licensed community association manager; and c) Is licensed with the Director or purposes of learning and performing any practices that require a community association manager license.

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Q What is the Provisional License and what are the requirements? The Director may grant a provisional license to an applicant for a Community Association Manager license if the applicant has taken and not passed the examination, and fulfilled all other requirements set forth by the Director. A provisional license may be granted once and expires on December 31, 2015. After December 31, 2015 provisional licenses will no longer be available.

Q Community Association Manager Resources Useful Documents Colorado HB13-1277 Community Association Manager (CAM) Licensing Act Community Association Manager Licensing Proposed Rules Colorado Common Interest Ownership Act (CCIOA) Colorado Condominium Ownership Act (COA) Colorado Revised Non-Profit Corporations Act Colorado Fair Housing Act Colorado Civil Rights Division Colorado Fair Debt Collection Practices Act Colorado Water Conservation Board Statute Americans with Disabilities Act (ADA)

Useful Links Division of Real Estate Community Association Managers Homepage Page 14

American Resort Developers Association (ARDA) Colorado Hotel and Lodging Association (CHLA) Community Association Institute (CAI) Institute of Real Estate Management (IREM) National Association of Real Property Managers (NARPM)

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