CAI Continues to Misrepresent Costly and Unjustified Transfer
Fee
Transfer fees exemplify an abusive fee (tax) on HOA home buyers
that continues "because it can" and not because it adds value or
integrity to a real estate transaction. Molly-Polly from the CAI has no pride
in defending this fee on HOA home sales. She says others, not current HOA home
owners, should pay for tasks associated with the conveyance of property such as
administrative tasks and confirming the financial status of a homeowner with
the HOA . Think about this. When someone dies, gets married, has someone else
move into a home, gets divorced, or requires a routine status letter on a
credit check there is no separate fee: this is part of what an HOA does and
pays the property management company to do. Are there separate fees for each
resident who uses the swimming pool, billiards tables, or clubhouse lounge? NO!
She also mentions that DORA will take this issue up when licensing property
managers. No it won't! DORA can't change the law and the law states the fee can
be charged and in any amount. DORA can make any guideline it wants but it can't
make or change laws, it follows the law. Her claiming that the transfer fee is
high because a month's HOA dues are in the fee is unsupported. In fact the law, SB 11-234, states this is not
an appropriate use of the transfer fee and the fee is retained by and charged
by the management company. If it includes dues why does the property manager
retain the money! This fee is illegal on most all other residential home sales
except for HOA's due to a "one-liner" in the law without any
justification other than "it should continue because it can". Home
buyers believe this fee is legally imposed, mandated by the HOA, and the amount
set by the HOA, all not true. What a tangled web some continue to weave on this
issue and unfortunately to date have gotten away with it.
The Colorado HOA Forum www.coloradohoaforum.com will continue in its' effort to end this abusive and costly fee on HOA home buyers.
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