Bill Summary for Bill Number HB15-1040

Date: 02/09/2015

Final
BILL SUMMARY for HB15-1040

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Adopt amendment L.004 (Attachment C). The motion p Adopt amendment L.005 (Attachment D). The motion p Postpone House Bill 15-1040 indefinitely. The moti Refer House Bill 15-1040, as amended, to the Commi	PASS PASS PASS FAIL

01:36 PM -- HB15-1040

Representative Thurlow, prime sponsor, presented House Bill 15-1040. Under current law, anyone who works as a community association manager (CAM) for a homeowner's association (HOA) must be licensed by the Division of Real Estate in the Department of Regulatory Agencies (DORA). The bill limits which CAMs must be licensed by:

excluding communities that have fewer than 200 units, contain only nonresidential units, or contain only time share units from the requirement;

removing the requirement that supervisors of CAMs be licensed;

redefining a CAM as a person who engages in at least four out of six community association management practices relating to the finances, administration, and operations of a community; and

modifying the law so that if more than one individual is involved in community association management practices for an HOA, then only one individual must obtain a designated manager's license.

Additionally, the bill removes the current requirement that all individuals engaged in the management of a community take and pass an examination in order for the designated manager to be issued a license. Under the bill, only the designated manager must take and pass the examination.

Representative Thurlow distributed amendment L.001 (Attachment A) and an information packet about the bill (Attachment B).

15HouseState0209AttachA.pdf

15HouseState0209AttachB.pdf

01:46 PM -- Robert Bray, representing himself, testified in support of the bill. Mr. Bray spoke about his professional background. He discussed changes to current law that he believes are necessary and addressed by the bill.

01:53 PM -- Brandon Helm, representing the Community Associations Institute, testified in opposition to the bill. Mr. Helm expressed his opinion that the bill is unnecessary and current law sufficiently addresses any problems related to CAMs. He responded to questions from the committee.

02:02 PM -- Lois Dunn, representing the Grand Junction Area Realtor Association, testified in support of the bill. Ms. Dunn spoke about costs to HOAs for licensing individuals in management positions. She commented that people are not willing to serve on HOA boards on the Western Slope due to excessive regulation related to licensing.

02:05 PM -- Roxie Denning, representing the Woodbridge HOA, testified in support of the bill. Ms. Denning expressed her opinion that the bill would decrease costs for HOAs.

02:08 PM -- Tim Warren, representing the City of Grand Junction in place of Mayor Phyllis Norris, testified in support of the bill.

02:10 PM -- Chris Pacetti, representing the Community Associations Institute, testified in opposition to the bill. Mr. Pacetti addressed misconceptions about current law. He responded to questions from the committee.

02:16 PM -- Richard Schmitt, representing himself, testified in support of the bill. Mr. Schmitt expressed his opinion that current law imposes excessive regulations on HOAs in the state. He discussed the burdens associated with such regulation.

02:21 PM -- Ted Leighty, representing the Colorado Association of Realtors, testified in support of the bill. Mr. Leighty reiterated the testimony of prior witnesses with regard to lifting the regulatory burden on small HOAs.

02:23 PM -- Marcia Waters, representing DORA, responded to questions from the committee.


BILL:	HB15-1040
TIME:	02:29:01 PM
MOVED:	Thurlow
MOTION:	Adopt amendment L.004 (Attachment C). The motion passed on a vote of 8-3. 15HouseState0209AttachC.pdf
SECONDED:	Tate
		VOTE
	Foote	Yes
	Humphrey	Yes
	Lontine	Yes
	Neville P.	Yes
	Primavera	No
	Tate	Yes
	Thurlow	Yes
	Tyler	Yes
	Willett	Yes
	Salazar	No
	Ryden	No

YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB15-1040
TIME:	02:34:47 PM
MOVED:	Thurlow
MOTION:	Adopt amendment L.005 (Attachment D). The motion passed on a vote of 8-3. 15HouseState0209AttachD.pdf
SECONDED:	Tate
		VOTE
	Foote	Yes
	Humphrey	Yes
	Lontine	Yes
	Neville P.	Yes
	Primavera	No
	Tate	Yes
	Thurlow	Yes
	Tyler	Yes
	Willett	Yes
	Salazar	No
	Ryden	No

YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:34 PM

Representative Thurlow wrapped up his presentation of the bill.


BILL:	HB15-1040
TIME:	02:38:54 PM
MOVED:	Thurlow
MOTION:	Refer House Bill 15-1040, as amended, to the Committee on Finance. The motion failed on a vote of 5-6.
SECONDED:	Neville P.
		VOTE
	Foote	No
	Humphrey	Yes
	Lontine	No
	Neville P.	Yes
	Primavera	No
	Tate	Yes
	Thurlow	Yes
	Tyler	No
	Willett	Yes
	Salazar	No
	Ryden	No

YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1040
TIME:	02:39:32 PM
MOVED:	Salazar
MOTION:	Postpone House Bill 15-1040 indefinitely. The motion passed on a vote of 6-5.
SECONDED:	Ryden
		VOTE
	Foote	Yes
	Humphrey	No
	Lontine	Yes
	Neville P.	No
	Primavera	Yes
	Tate	No
	Thurlow	No
	Tyler	Yes
	Willett	No
	Salazar	Yes
	Ryden	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS