June 9, 2015
After late changes to state law we thought it would be appropriate to re-publish the list of those who are now required to become licensed as Community Association Manager (CAM) in Colorado. The list below highlights those required and those specifically exempted from licensure under the recent legislation. If you review the list and are still uncertain if you are governed by the new rules, you can also review the self-assessment found on our site at http://VanEd.com/CAM.
Who is required to be licensed as a community association manager?
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;
2. Any public official in the conduct of his or her official duties;
3. A receiver, trustee, administrator, conservator, executor, or guardian acting under proper authorization;
4. 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;
5. An attorney-at-law in connection with his or her representation of clients in the practice of law;
6. 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.
7. An independent contractor who: (A) performs any clerical, ministerial, accounting, or maintenance function; or (B) is not otherwise engaged in the performance of community association management; or
8. An apprentice working under the direct supervision of a licensed manager.
For questions about your licensure requirements visit us online at http://VanEd.com/CAM.