The rate of complaints about HOAs have been increasing in 2012 over 2011, as reported by Aaron Acker, the HOA Information Office of the Colorado Department of Regulatory Agencies. Mr. Acker was one of the speakers at panel discussion on Manager Licensing and Legislative Update held during the April 5 Spring Showcase event by Community Association Institute Rocky Mountain Chapter (CAI RMC).
The top categories of complaints about HOAs have stayed relatively constant, so the largest number of complaints continue to involve requests for records including financial records; boards not following governing documents; and allegations of harassment and retaliation against owners by boards and managers. One new trend Mr. Acker reported seeing in 2012 is more complaints about law firms representing HOAs, including but not limited to complaints about foreclosures. It's possible this increase may be related to a trend of boards getting tougher on collection of outstanding accounts receivables.
In addition to Mr. Acker, the panel was composed of members of CAI's Colorado Legislative Action Committee (CLAC). Other topics covered by the panel included:
• an overview of CLAC's structure, mission and activities during the 2012 legislative session;
• a history of CAI RMC's manager licensing task force, which has been active since 1991;
• the current status of various manager licensing proposals being discussed at the legislature and in the industry (no licensure bill is expected to be introduced this legislative session);
• status of HB1237, the bill promoted by CLAC which addresses the primary category of complaints as reported by the HOA Information Office January, 2012 - Bill Introduced to Address Association Records.
• highlights of legislation that could be introduced in 2013: manager licensure and/or regulation; enforcement of CCIOA -- specifically SB100 "good governance provisions -- including penalties for failure to comply; and conflicts of interest.
For details of what's happening in 2012's legislative session that may impact HOAs, you can check our Colorado Legislative Tracking Report.