DEPARTMENT OF REGULATORY AGENCIES
DIVISION OF REAL ESTATE
COMMUNITY ASSOCIATION MANAGERS
4 CCR 725-7

EMERGENCY RULE

C RULES – LICENSING - OFFICE

Pursuant to and in compliance with Title 12, Article 61 and Title 24, Article 4, C.R.S. as amended, notice of emergency rulemaking is hereby given, including notice to the Attorney General of the State of Colorado and to all persons who have requested to be advised of the intention of the Director of Real Estate to promulgate rules, or to amend, repeal or repeal and re-enact the present rules related to community association managers.

Section 1.	Statement of Basis and Authority
Section 2. 	Scope and Purpose
Section 3.	Applicability
Section 4. 	C Rules – Licensing - Office 
Section 5. 	Effective Date

Section 1. 	Statement of Basis and Authority

The statutory basis for the rules titled Rules Regarding Community Association Managers is Part 10 of Title 12, Article 61, Colorado Revised Statutes, as amended.  

Section 2.	Scope and Purpose

The Director of the Division of Real Estate (“Director”) finds that immediate adoption of this emergency rule is imperatively necessary to comply with state law, including §§ 12-61-1001, C.R.S., et seq. (the “Act”) and that compliance with the rulemaking requirements of § 24-4-103, C.R.S., applicable to non-emergency rules, would be contrary to the public interest.

In 2013, the General Assembly enacted House Bill 13-1277, which requires licensing for anyone who engages in certain defined activities of a “community association manager” relating to the management of a common interest community.  Individuals needing to be licensed must do so by July 1, 2015.  As a result of the passage of HB 15-1343, which modifies the Act by redefining the licensed activities of a community association manager, it is imperatively necessary that the Director promulgate rules pertaining to the requirements needed for licensure on an emergency basis.    

The purpose of this emergency rule is to ensure compliance with §§ 12-61-1001, C.R.S., et seq., and is to effectuate the legislative directive to promulgate necessary and appropriate rules for the implementation of part 10 of Title 12, Article 61.

The specific purpose of the emergency rules is to promulgate rules pertaining to the licensing of the community association management company requirements needed for licensure.

Without the immediate adoption of the emergency rules, the public’s interest is not served.  Wherefore, pursuant to § 24-4-103(6), C.R.S., the Director has stated needs to adopt these emergency rules.

Section 3.	Applicability

The emergency rules govern community association managers who are subject to the requirements of Part 10 of Title 12, Article 61 of the Colorado Revised Statutes.

Proposed New, Amended and Repealed Rules

[Deleted material shown struck through, new material shown ALL CAPS. Rules, or portions of rules, which are unaffected are reproduced.  Readers are advised to obtain a copy of the complete rules of the Director at www.dora.colorado.gov/dre

Section 4.	C RULES:  LICENSING - OFFICE

C-4) Individuals employed by a community association management company,  OR sole proprietorship, .or a common interest community. 
Any CAM company, OR licensed sole proprietorship, or common interest community that employs individuals who perform activities requiring a CAM license pursuant to § 12-61-1001(3) (5), C.R.S., must designate and maintain a qualified active Designated Manager.  NO INDIVIDUAL HOLDING AN APPRENTICE OR A PROVISIONAL LICENSE MAY BE DESIGNATED AS THE DESIGNATED MANAGER.
C-14) Inactive license. 
A CAM license may be issued while on inactive status. No activities requiring a license may be performed while a CAM license is on inactive status.
Section 5.	Effective Date
This emergency rule is effective May 21, 2015.