|
Quarterly Newsletter — Spring Edition, April 2024
|
|
Real Estate - Public Calendar
|
|
Stay Up To Date With Us!
Division Meetings and Events
|
|
Sign Up For A Webcast
The Division of Real Estate makes an effort to have all public meetings and educational opportunities live and accessible to the public by signing up for a webcast.
Find the meeting or event you want to attend on the Division Calendar, click on the “more details” and follow the directions to sign up for the webcast.
Attend An HOA Forum
The HOA Information & Resource Center offers free webinars on a variety of topics throughout the year. Learn about helpful resources and join in the conversation about your rights and obligations while living in an HOA community. Topics and locations change monthly. Visit the Division calendar to sign up!
Unable to attend? The HOA Information & Resource Center posts webinar recordings at the following link: https://dre.colorado.gov/recent-hoa-forums
|
Upcoming Department Meetings:
HB23-1105 Metropolitan District Homeowners' Rights Task Force Meeting:
Board of Real Estate Appraisers (BOREA) Meeting:
Board of Mortgage Loan Originators (MLO) Meeting:
Colorado Real Estate Commission (CREC) Meeting:
Board of Real Estate Appraisers (BOREA) Meeting:
|
|
Commission Settlements and Colorado Licensees
The Division has received a lot of inquiries about the proposed settlement agreement between the National Association of Realtors (“NAR”) and plaintiffs Rhonda Burnett, Jerod Breit, Jeremy Keel, Hollee Ellis, Francis Harvey, Christopher Moehrl, Michael Cole, Steve Darnell, Jack Ramey, Daniel Umpa, Jane Ruh, Don Gibson, Lauren Criss, and John Meiners, and the impacts that the proposed agreement will have on broker compensation in Colorado. If you have not read the proposed agreement or are unfamiliar with the proposed terms, you can review a copy here.
As an initial matter, it is important to note that the settlement terms are only applicable to members of NAR and the Realtor MLSs. Colorado has approximately 51,000 licensed real estate brokers, but not all of our brokers are Realtors. To put it simply, the proposed settlement agreement is not binding on the Colorado Real Estate Commission, the Division of Real Estate, or Colorado’s licensed real estate brokers who are not Realtors. Furthermore, the terms of the proposed agreement do not necessitate any changes to real estate broker licensing law or Commission rules and regulations.
Although the proposed settlement is only binding on those brokers who are members of NAR and the Realtor MLSs, it may still have some impact on the way real estate is practiced in Colorado. In order to understand this potential impact, it is helpful to review the requirements set by state law and regulations. (Read More)
|
|
Division Updates & Notes
|
|
Colorado General Assembly In Session
The Colorado General Assembly is in session and this session has been peppered with real estate related legislation throughout.
By way of a brief background for you, the General Assembly is composed of two divisions: the State Senate and the State House of Representatives. Either Senate or House members can present new legislation to run its course through the legislative bodies, and, in some cases, find its way to the Governor’s desk for signature. When a bill is signed into law, it becomes an act.
The legislative session is scheduled to run from January 10, 2024, through adjournment on May 8, 2024. As a Division of Real Estate licensee or a consumer who is interested in real estate, the laws passed and signed by the Governor may have a direct effect on your professional practice and your future real estate transactions. (Read more)
To track any bills, you can visit the Colorado General Assembly’s website and use the “Find A Bill” tool to research any bills, past or present.
|
|
|
HB23-1105 HOA Homeowners’ Rights Task Force Report
During the 2023 Legislative Session, the Colorado General Assembly passed, and the Governor signed HB23-1105, making a new law. This bill created two important task forces: the HOA Homeowners’ Rights Task Force and the Metropolitan District Homeowners’ Rights Task Force.
These task forces have been meeting over the last few months. After many productive meetings, the HOA Homeowners’ Rights Task Force has completed its report. This report covers many important topics including:
- Fining authority and practices;
- Foreclosure practices;
- Communications with HOA homeowners regarding association processes and HOA homeowners’ rights and responsibilities; and
- For each association in a representative sample of associations, the availability of and method of making available to HOA homeowners in the association various governing documents.
- A copy of the report can be found on the Department of Regulatory Agencies website.
|
|
|
Broker Practice Advisory: Post-Closing Occupancy Agreement
Effective January 1, 2021, the Colorado Real Estate Commission approved an updated Post-Closing Occupancy Agreement form for use by Colorado licensees. While spring weather may result in added housing inventory on the market in Colorado, the higher interest rates and other factors may still require buyers and sellers to enter into an arrangement to rent-back a property to the sellers while they are making arrangements to move, execute a longer-term lease, or close on a new property. Whatever the circumstances may be, a Post-Closing Occupancy Agreement is an important tool in every licensee’s toolbox, should the need arise.
A Post-Closing Occupancy Agreement (the “Form”) is available for use for up to sixty (60) days following closing. There are a variety of reasons for this, but the primary reason is that lenders may interpret a term longer than 60 days to indicate that the property is not owner-occupied and, might constitute a breach of any lending agreements or deeds of trust. Licensees should know that if seller possession will last longer than sixty (60) days, a document should be prepared by an attorney licensed to practice law in the State of Colorado.
Essentially, the Form clarifies the responsibilities of the buyer (the temporary landlord) and the seller (the temporary tenant). Accordingly, it addresses a variety of topics: maintenance, damage taking place after closing, access to the property by the buyer, and the amount of rent, to identify a few. (Read More)
|
|
|
HOA Information & Resources Center
The HOA Information & Resource Center offers HOA Forums monthly and are open to both licensees and the public. Stay tuned to the Division of Real Estate's Calendar for future HOA Forums and join us for our future webinars. You can also check out our recently published HOA Forums or our YouTube Channel.
Recent HOA Forums YouTube Channel
|
|
HB24-1091: Fire-Hardened Building Materials in Real Property
Colorado has seen its fair share of wildfires and wildfire destruction. On December 30, 2021, the most destructive fire in Colorado history, the Marshall Fire, burned through the town of Superior, the neighboring city of Louisville, and parts of unincorporated Boulder County. Homes and businesses were damaged and destroyed, and significant portions of the surrounding environment, including the Marshall Mesa and Davidson Mesa, were substantially altered.
To help empower homeowners of common-interest communities (“HOAs”) and to safeguard and protect their properties, the Governor signed House Bill 24-1091 into law on Tuesday, March 12, 2024. HB24-1091 generally prohibits covenants and other restrictions that disallow the installation, use, or maintenance of fire-hardened building materials in residential real property, including in common interest communities. (Read More)
|
|
|
HOA Forum: 2023 Annual Report from the HOA Information & Resource Center
The HOA Information & Resource Center released its 2023 Annual Report on March 15, 2024. The report provides an important summary of the information compiled by the HOA Center during the latest calendar year. Topics of the report include, but are not limited to:
- 2023 Legislative Session Updates
- Registration information, number of Common Interest Communities in Colorado, and the number of Coloradans living in Common Interest Communities in Colorado
- Analysis of complaints received by the HOA Center
- Number of HOAs that are professionally managed as compared to self-managed
You may watch the webinar that took place on April 5, 2024 on the Division's YouTube channel:
|
You may also download and read the 2023 Annual Report:
|
|
DRE YouTube Channel
Have you checked out our YouTube channel yet?
You can find webinar recordings, educational videos, bite-sized advisory videos and watch various LIVE hearings and board & commission meetings.
Watch & Subscribe at @DORADivisionRealEstate and never miss our most current content!
|
|
|
Quarterly Discipline
This serves to inform the public of the current and/or most recent disciplinary action taken against the individuals listed. It does not, nor should it be intended to, serve as a complete listing of any and all discipline taken against the individual licensees.
Find the program you want to view by toggling through the tabs at the bottom of the spreadsheet.
To obtain a complete public disciplinary history for a specific licensee visit the Division's Records Management System and search a licensees personal record by name or license number.
|
|
|
|
|
|