Friday, August 15, 2014

CAM Licensing Provides for Out of Court Binding Dispute Resolution, why not same for HOAs ?

We would like to see the Colorado Department of Regulatory Agencies (DORA) speak out in support of our out of court binding dispute resolution proposal  Regardless of what they may claim, they do get involved on some level with legislation.  This was exhibited when they tacitly endorsed an empty disclosure law to rein in HOA transfer fees vs a direct law to limit this abusive fee.  They were quoted by legislators and the CAI as not endorsing a law to limit transfer fees.  Furthermore, DORA has directly allowed interest groups to write their regulatory guidelines as is the case with property manager licensing with CAI input.   

This Office completed a study on HOA complaint resolution in which our proposal for an out of court binding process was recommended.  The proposal awaits a legislative sponsor and surely DORA’s opinion will be sought.  We hope DORA points out when questioned by legislators in the next legislative session that they will be providing an out of court dispute resolution for property manager complaints.  If it is good enough for property managers (and all others that DORA regulates) it is a valid process for HOA home owner complaints.   

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