New Homeowners Association laws are now requiring debt collection policy and licensed managers

May 8, 2015

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Colorado has seen an up tick in the number of complaints with HOA's and has prompted a change in legislation to protect consumers. Property managers have access to funds in the HOA and those funds need to be insured under a crime/fidelity policy.  www.rickclineagency.com for more information on how to obtain coverage.  A drug test as well as some licensing are also being enforced.  Below is a summary of the laws and how they have changed.  Courtesy of 7 news.   The laws HB 1134: Requires the HOA Information Office and Resource Center to conduct a study of other state HOAs to determine how much authority the Office should have over Colorado HOAs. The bill also requires all HOAs to register with the state. The law goes into effect Aug. 7, 2013 and the study must be presented by Dec. 31, 2013. HB 1276: Requires HOAs to establish a policy that specifies the details behind debt collections. The law also requires HOAs to send homeowners written notification of the delinquency as well as give homeowners the ability to enter into a six-month payment plan at least once. Effective Jan. 1, 2014. HB 1277: Requires all community association managers to become licensed with the state. Managers must meet certain certification standards, pass a criminal background check and pass an exam testing their knowledge of Colorado law. Effective Jan. 1, 2015. Managers must be licensed by July 1, 2015. SB 183: Prohibits any HOA from requiring homeowners to install turf grass or other extremely water-dependant landscaping. The law also prohibits HOAs from requiring homeowners to water landscaping in violation of water use restrictions. Went into effect May 3, 2013.   A crime/fidelity bond protects the HOA and the members from fraud or tampering of funds.  Many of the policies will cover third party liability such as the property manager. It is also recommended to have a D and O or Directors and Officers policy to protect against lawsuit action to the board of directors. Lastly, EPLI coverage or Employer Practices Liability should be considere. Here at All Access Insurance we have USLI an outstanding carrier that provides these coverages as well as many others.   Rick Cline Agency Owner 303-932-1700