Colorado Division of Real Estate issues cease and desist order for unlicensed Community Association Manager activities
Staff with the Division of Real Estate (“Division”) received two complaints alleging Valiga and his company was engaging in community association management activities without being properly licensed through the Division. One of the complainants forwarded a copy of the management agreement entered into by Valiga and a homeowners association (“HOA”) dated in November of this year. The agreed upon activities to be performed by Valiga and his company require a community association manager license.
Division staff conducted an interview with Valiga who admitted to managing 6 HOAs and not taking the necessary steps to become licensed. To date, the Division has no record of Valiga completing the required pre-licensing education, sitting for the state mandated testing or submitting a fingerprint-based criminal history background check to the Colorado Bureau of Investigations.
“Today’s action shows the Community Association Manager Practice Act, which was the result of legislation passed by the Colorado General Assembly and signed into law by Governor Hickenlooper in 2013, is working for the benefit of the Colorado consumer,” stated Marcia Waters, Director of the Division of Real Estate. “If an HOA has a management agreement in place to pay a fee for services of an unlicensed community association manager, that management agreement is void and unenforceable for any period in which the manager does not have a valid license.”
As of July 1, 2015, anyone who engages in certain defined activities of a “Community Association Manager” relating to the management of a common interest community is required to obtain a license issued by the Division of Real Estate.The Division encourages all common Interest communities to visit the Division’s website at dora.colorado.gov/dre to ensure that their manager is properly licensed.