Fall 2019

The Real Estate News

Colorado Division of Real Estate

Division Meetings and Events Calendar

Sign up for a webcast

The Division of Real Estate makes an effort to have all public meetings live and accessible to the public by signing up for a webcast.

Find the meeting or event you want to attend on the calendar, click on the “more details” and follow the directions to sign up for the webcast.

Upcoming HOA forums

Attend a forum to learn about the Colorado HOA Information and Resource Center and meet the HOA Information Officer, Shanneyvie Johnson. At the forum, helpful resources will be provided along with a discussion of the rights and obligations of living in an HOA community. Topics and locations change monthly.

In the Division's Spotlight

Colorado Real Estate Commission Adopts Rules, Effective January 1,2020

The rules have been re-organized, re-indexed, re-formatted into nine (9) chapters, as well as being written in plain language for easier use and understanding of the Real Estate Practice Act. These rules are effective beginning January 1, 2020.

To assist with the review of the rules, the Division has highlighted the significant substantive changes to the rules. Please click the link below to read the rules and the summary of the substantive changes.

We are noticing a few compliance issues when Division staff is conducting brokerage audits. This article will address these compliance issues to provide some guidance to the brokerage community regarding the Real Estate Commission’s expectations.

Consumer Connection

MLO Rule Review - The Division, on behalf of the Board of Mortgage Loan Originators, is currently conducting a review of the administrative rules regarding mortgage loan originators and mortgage companies. As part of the rule review process, the Division seeks the participation and input from stakeholders regarding the existing rules as well as any proposed changes to the rules.

Purging a Manufactured Home - The Division of Real Estate has recently received inquiries from both real estate professionals and consumers regarding the transfer of title concerning a manufactured home. While there are various steps to this procedure, each county in Colorado will be able to assist with this process

Stakeholder Meeting Update - As per the Governor’s Executive Order, the Department of Regulatory Agencies, through the Division has conducted a comprehensive review of existing and potential laws and recommend strategies to promote effective and efficient regulation of Community Association Managers and Homeowners’ Associations, including hosting four stakeholder meetings for public input. The Division is currently developing its final report and recommendations for the Governor’s Office.

Mediation in Your Colorado HOA Community

Colorado law for HOA communities favors resolution of disputes through using alternatives to filing a lawsuit in court. One of these alternatives is mediation.

2019 HOA Sunset Report

On October 15, 2019, the Colorado Office of Policy, Research and Regulatory Reform, which is within the Department of Regulatory Agencies, released its 2019 Sunset Review Report concerning the HOA Information and Resource Center. The functions of the HOA Information and Resource Center are scheduled to terminate on September 1, 2020, unless continued by the Colorado General Assembly.

Investigator's Insights

Property Management Legislation Update - During the 2019 Colorado legislative session a number of Bills passed that affect property managers, landlords and tenants. Here are some Bills to review and incorporate into your practice.

Trust Accounting - For those of us who grew up in the pre “internet everything” generation, and had to balance our checkbooks monthly, we likely know what a two-way reconciliation is, but the three way reconciliation seems to create confusion for some.

Get caught up with this refresher advisory from the Division on the concepts surrounding the required monthly reconciliations.

Providing Referral Fees - The Division frequently receives questions and concerns from the real estate brokerage community regarding the practice of providing referral fees. There appears to be a common belief within the industry that any referral fee paid from a broker to an unlicensed individual is always a violation of Colorado license law. Take a look at this advisory as it touches on the Real Estate Commission's position, Federal RESPA regulations, and the legality of your referral fee program.

Fire Free Holidays at the HOA

Winter holidays are a time for families and friends to get together. But that also means the possibility of a greater risk for fire.

Quarterly Discipline

Viewing the spreadsheet

Program Tabs

  • Find the program you want to view by toggling through the tabs at the bottom of the spreadsheet.

Pop out the spreadsheet

  • To view the spreadsheet below on its own browser tab click on the “Pop-out” button in the top right corner of the spreadsheet.
2019 Division of Real Estate Disciplinary Actions