H_SA_2016A 02/22/2016 01:38:10 PM Committee Summary

01:38 PM -- HB16-1133



Representative Windholz, sponsor, presented House Bill 16-1133 to the committee. Under current law, the Division of Real Estate within the Department of Regulatory Agencies (DORA) licenses community association managers (managers), who contract with homeowners' association (HOA) to provide certain functions. The bill removes an existing exemption from licensing requirements for managers of timeshare communities and defines "small HOA community association managers" as one who serves one or more communities with a combined 30 units or less. DORA must adopt less stringent educational and examination requirements, and reduced fees, for these managers of small HOAs. The bill also requires DORA to publish certain information on their website about licensed managers, including names, penalties, license types, pending complaints and disciplinary proceedings. The bill prohibits providers of educational courses for managers from also administering licensure exams and requires DORA to certify all out-of-state education providers every two years, or whenever laws related to HOA property manager responsibility and governance are passed. The bill adds several new violations to the list of offenses by licensed managers, including failing to meet the disclosure requirements of the bill, violating the governing documents of an HOA, and failing to notify an HOA board member and DORA within specified time frames of actions that violate the law and have not been corrected.



All HOA managers are required to annually provide a copy of their license to the executive board of each HOA with whom the manager contracts. Managers must make certain disclosures of each fee, assessment, or collection received to the HOA, unit owner, or third party such as a title company or mortgagee, including transfer fees. The bill stipulates what must be included in disclosures to each party and requires that a detailed listing and justification of transfer fees be provided to the parties of a purchase and sale at least three days before closing.





















Representative Windholz discussed amendment L.001 (Attachment A) and a fiscal analysis of the amendment (Attachment B).



16HouseState0222AttachA.pdf 16HouseState0222AttachB.pdf



01:44 PM -- Molly Foley-Healy, Brandon Helm, and Jeff Kutzer, representing Community Associations Institute (CAI), testified against the bill and answered questions from committee members.



01:55 PM -- Stan Hrincevich, representing the Colorado HOA Forum, testified in support of the bill.



01:59 PM -- Todd Fackler, representing MSI, testified against the bill and answered questions from committee members.



02:04 PM -- Brian Terhark, representing Westwind Management Group, testified against the bill and answered questions from committee members.



02:10 PM -- Jeff Andrews, representing the Colorado Hotel & Lodging Association and East West Resorts, testified against the bill.



02:12 PM -- James Phifer, representing ACCU Property Management, testified against the bill.



02:13 PM -- William Such, representing Homestead Management Group, testified against the bill.



02:16 PM -- Chris Crigler, representing CAP Management, testified against the bill and provided a handout (Attachment C).



16HouseState0222AttachC.pdf



02:19 PM -- Jennie Heinz, representing Overlook Property Management, testified against the bill.

02:23 PM



Representative Windholz wrapped up her presentation of the bill.

02:28 PM -- HB16-1107



The committee recessed.





02:32 PM



The committee reconvened.



Representative Joshi, sponsor, presented House Bill 16-1107 to the committee. The bill requires an individual to file a complaint against a licensed professional with the Division of Professions and Occupations (division) in the Department of Regulatory Agencies (DORA) within seven years of an alleged act or failure to act. It also requires the division to make a motion or begin an investigation within seven years of an alleged act. If the claim involves a person under 18, the complaint must be filed, or the investigation begun, within seven years after the person's 18th birthday. The division must render a final decision within two years of the motion, investigation, or complaint.



Representative Joshi also presented amendment L.002 (Attachment D), which is a strike-below amendment. Committee members discussed the bill and the amendment with Representative Joshi.



16HouseState0222AttachD.pdf



02:42 PM -- Michael Skorpka, representing DORA, testified against the bill and answered questions from committee members.















03:00 PM -- Dr. Reo Lesley Jr., representing the Colorado Mental Health Professionals Association, testified in support of the bill and provided a handout (Attachment E).



16HouseState0222AttachE.pdf



03:04 PM -- Janet Stephens, representing the Colorado Hospital Association, testified in support of the bill. She noted that the Colorado Medical Society, the Colorado Academy of Family Physicians, and the American Academy of Pediatrics also support the bill, and she answered questions from committee members.



03:13 PM -- Dan O'Connell, representing the Colorado Association of Commerce and Industry (CACI), testified in support of the bill and answered questions from committee members.



03:19 PM -- Michael Holtby, representing the Denver Therapist Network, testified in support of the bill.



03:22 PM -- Daria Mann, representing the Colorado Association of Psychotherapists, testified in support of the bill.



03:25 PM -- Mary Ann Ursich, representing herself, testified in support of the bill.



03:29 PM -- James Hoysick, representing the Colorado Mental Health Professionals Association, testified in support of the bill.





03:33 PM



Representative Joshi discussed amendment L.002 with the committee.

03:39 PM



Representative Joshi wrapped up his presentation of the bill.

03:45 PM -- HB16-1035



Representative Leonard, sponsor, presented House Bill 16-1035 to the committee and provided a handout (Attachment F). This bill clarifies that only public electric and gas utilities are required to apply to the Public Utilities Commission (PUC) for approval to issue or assume securities.



16HouseState0222AttachF.pdf



03:51 PM -- Norman Lewis and Robert Blackwell, representing Homestead Water Company, testified in support of the bill and responded to committee member questions.



03:57 PM -- Jennifer Anderson, representing the Office of the Attorney General, testified on the bill.



03:59 PM -- Doug Dean, representing the PUC, testified in support of the bill.





04:05 PM



Representative Ryden laid the bill over.





04:05 PM



The committee adjourned.