As Licensing Disappears For Property Managers, HOA Issues Rise To The Fore
by Ruthy Wexler
Everyone thought HB 1212 would pass.
What House Bill 19-1212 did was reinstate the licensing
program for Community Association Managers (CAMs), which was set to expire July
1, 2019. The bill extended CAM licensing for just one year, during which time
stakeholders were charged with exploring the issue.
As legislators put HB 1212 together, the usual suspects
tried to shape it. Homeowner advocate Stan Hrincevich, pleaded for the
inclusion of additional homeowner protections; e.g., ensuring managers document
and disclose fees; while the Colorado Legislative Action Committee — legal arm
of CAI (Community Association Institute), an international lobby representing
management companies, property managers, HOA attorneys and other benefiting
vendors — fought to keep such regulatory measures out.
The bill’s sponsors — Representatives Monica Duran and
Brianna Titone, Senators Nancy Todd and Rhonda Fields — ended up incorporating
most of CAI’s requests, but none from Hrincevich, who voiced disappointment but
also relief that “CAM licensing would be kept alive.” The bill passed the
Assembly and Senate.
Then on May 31, Governor Jared Polis vetoed HB 1212. Ever
since, the Colorado HOA world has been trying to understand what lies ahead.
What’s The Big Deal?
In his two-page veto letter, Polis expressed concerns over
“occupational licensing” — the subject of three of the five bills he’d vetoed
(out of 460 passed). Such licensing, he said, might “… prevent minorities and
the economically disadvantaged from … access[ing] occupations.”
Polis’s concerns, many feel, had little to do with CAM
licensing, an issue one homeowner described as the “tip of an iceberg with huge
dangerous issues below everyone is afraid to fight.”
“Here’s the essence,” says Hrincevich. “The HOA Property
Manager Licensing law was the only path homeowners had to address wrongdoing on
the part of a manager.”
Colorado homeowners had no recourse at all — short of going
to court, which was too costly and intimidating to be a real option — until
2015, when Colorado passed a law that regulated HOA property managers.
Individuals had to pass background checks, get certified, pay a fee and pass an
exam, in order to earn a CAM license.
At that point, if a homeowner believed their property
manager was behaving illegally, they could file a complaint, citing their CAM’s
license number, with the Real Estate Division inside DORA, which had awarded
that CAM license — and could take it away.
The process was slow, the results not always to the
homeowner’s liking, but, says homeowner and retired financial analyst Barb
DeHart, “It allowed homeowners not to feel entirely helpless.”
All Counties Heard From
Post Polis’s veto, reactions varied widely. Legislators,
believing they’d done what was necessary to pass the bill, felt betrayed. “I
was completely shocked,” said Duran. “Greatly disappointed. The work we’d done
to protect homeowners … has been undone.”
HOA homeowners who had been following this issue felt
betrayed also, and afraid. “It’s bad enough with [CAM] licensing,” wrote P., a
Denver homeowner fearing reprisal from her property manager. “What will [name
of manager] do with no oversight at all??”
“As of July 1,” said
HOA activist Andrea Antico. “management companies … can do anything they want.”
Realtors were appalled. Live Urban Real Estate listed
possible “outcomes of this loss of consumer protection.” Linda Chapman, realtor
for over 35 years, called the veto “unconscionable.” She explained, “Management
companies and property managers handle millions and millions of dollars of
other people’s money. All other industries performing fiduciary duties are
required to be licensed and regulated. Except CAMs.”
HOA attorneys appeared lighthearted. “Community association
manager licensing is no more!” wrote Elina Gilbert of Altitude Law, in a blog
titled, Why Oh Why Did Manager Licensing Die? One HOA attorney described
colleagues as “… happily anticipating lots of business …”
One community manager, Sue McClure, said the veto felt like a “slap in the face to those of us that have made the effort to … be professional,” while another, Joe Felice, said he agreed with the Governor. “I don’t believe licensing helped homeowners or associations in any substantive way. … “
Property manager Alec Hrynevich, of Accord Management, said, “I’m not opposed to licensing. But it doesn’t do in this case what it’s supposed to do.”
More than a few managers and homeowners agreed that abuses
within HOAs would not necessarily have been prevented if CAM licensing was in
effect.
Change The Conversation
The HOA Office releases a report each year that summarizes
the complaints they’ve received from homeowners. In 2018, high on the list was
management companies and property managers not following their HOA’s governing
documents; close behind were poor manager communication, selective enforcement
of covenants and failure to produce records, required under Colorado HOA law.
Accompanying Polis’s veto was an Executive Order, number D
2019 006, directing DORA to “lead a … comprehensive review of CAMs and HOAs.”
Many homeowners felt excited at the prospect of an open conversation about
HOAs.
Since Polis took office, he’s made it clear how hard he will
push for issues he is passionate about, like education and health care. He has
not made it clear if HOA reform is one of those issues, although Hrincevich
noted, “Leaving out further consumer protections [in HB 1212] is what Polis
seemed mostly to object to.”
What CAI appears to
mostly object to is regulation within HOAs. A map on their website resembles a
campaign war room, blue outlining the few states with CAM licensing; click on
each state and see what stage the legal battle around that issue has reached.
“Stay up to date on CAM licensing and its impact on associations,” encourages
CAI Senior Vice President Dawn Bauman.
“With the veto of HB 19-1212,” states Polis in his Executive
Order, “the State has an opportunity to change the conversation about … CAMs
and HOAs.” As per that order, stakeholder meetings will be held on August 14
and 29, September 12 and October 8 at the DORA offices. Registration is open.
Residents, Cyclists Warn Plan Would Harm Picturesque
Stretch, Best Bike Ride In Denver
by Glen Richardson
Listed on the National Register of Historic Places in 1986,
South Marion Street Parkway is designed with a wide expanse of turf, flowering
shrubs, and a natural coniferous forest of pine, spruce and fir. Many longtime
local cyclists claim it is, “the best bike ride in Denver.” Residents have
chosen to live here because of the serene beauty it affords as Denver continues
to grow and expand.
Stretching four blocks, this linear parkway passes through a
residential neighborhood before it terminates at the north edge of Wash Park.
Appearing in a component of George Kessler’s 1907 plan for the Denver Park
& Parkway System, the land was acquired in 1909 and the parkway was largely
completed four years later. Landscape architect S.R. DeBoer bordered the
parkway with an allee of deciduous trees: Elms line the parkway at its
northernmost end as it connects with Speer Blvd., red oak and honey locust
parallel the central segment, and sycamore trees were planted to create a
dramatic formal entrance to Wash Park.
More than 105 years later, the bicycle bullies at Denver
Public Works want to deface the historic parkway with curbs and plastic posts
to physically buffer bike riders from cars. Led by bike activist Samuel Piper,
the department is eager to spend the $18 million bundle it is getting. The
money is the department’s share of cash from a 2017 voter approved billion buck
loan to build stuff around the city.
Bike Lane Blasphemy
“Protecting these parkways with their tree-lined sidewalks
creates the green oasis, visual beauty and character that defines Denver,” say
about 180 neighborhood residents who signed a petition against the plan. They
recently dropped the petition off at the Mayor’s office.
Maintaining the city should “leave the bike lane as is,”
these residents believe the plan is “four blocks of unnecessary aggravation.”
Noting that the bike path already exists, they suggest the proposed changes
would be a marginal enhancement for a few to the detriment of the many local
residents. Moreover, they submit it is dishonest and illegal. “The city’s
proposal is a solution in search of a problem, they argue. “There are less
intrusive ways to accomplish these goals,” they conclude.
Patsy Brown who attended a city hosted public meeting on the
plan says, “I asked if they were aware the parkway is part of the Denver
Landmark of Historic Places. They seemed unaware nor did they care,” she says
in frustration and anger. Brown lives in one of several high-rises along S.
Marion Parkway. In viewing the rather strict guidelines for single family homes
that front to a designated parkway, it seems only logical that the parkways themselves
should adhere to the same level of protection.
Biker Opposition
Despite backing for the city plan by former BikeDenver
members — BikeDenver and Bicycle Colorado recently merged — many avid area
cyclists oppose high-comfort lanes along the parkway. They say bike traffic is
so light here changes simply aren’t needed. “Instead someone needs to monitor
how fast the bicycles along here are traveling,” they submit.
Their point: “This is a special four-block stretch of bike
lanes designed to be enjoyed for its tranquil, peaceful splendor. The lanes
here were never designed to be used as a racetrack for bikers going to Wash
Park.”
Citizens living in and around Marion Parkway are, of course,
pleased local bikers within the area appreciate the parkway. Resident Patsy
Brown say, “My concern, and that of most of the residents along the parkway, is
that the proposed High Comfort bike lanes do not take into account the
protected status of our parkway and would in fact, desecrate it.”
Residents Ignored
“There has been no transparency and our input has not been
welcomed,” adds Ruth Ann Zisser displaying her annoyance and irritation. She
lives in the parkway’s Marionpark Condominiums.
“Many of us believe the government of Denver and its
departments involved with this project have been very careful to make sure none
of us knew about their plans until the last minute,” Zisser tells the
Chronicle.
“That,” she continues, “is after the city had input and
planning from the bicycle transportation groups but not from the citizens who
live in this neighborhood.”
School Concerns
Steele Street Elementary takes up a full block along the
east side of the parkway and area parents worry that adding protected bike
lanes will only add to the congestion and increase danger to both school
children, parents and bikers.
Despite assurances to the contrary by the city, residents
also express alarm that fire trucks answering calls to one of four condos on
the east side of the parkway will not have enough room to navigate their
trucks.
They point out that fire trucks are called to the parkway at
least once a week “Any lessening of space would greatly impede their ability to
answer calls in a timely fashion,” they fear.
A Higher Standard
“We just want to get the word out to our neighbors in Wash Park
and elsewhere because there has been virtually no notice given, and our fear is
that it will be another fait accompli as the city decides to move ahead with
the design,” those living on Marion Parkway say.
Protected bike lanes are not new to Denver, but they are
sparse compared to the traditional lanes painted on the periphery of roads.
They exist mostly on downtown streets and along South Broadway, but never along
a protected parkway registered on the National Register of Historic Places.
The significance of keeping these four blocks from being
defaced by Denver Public Works is clarified faultlessly by the city’s own
Designated Parkways & Boulevards Guidelines: “Denver’s designated parkways
and boulevards elevate The Street to an even higher standard of urban design.
They are both street and parkland and are the ribbon that ties our historic
parks and neighborhoods together.”
Pitmasters From Around The Country Showcase Their
Award-Winning BBQ
by Mark Smiley and Richard Colaizzi
The Second Annual Denver BBQ Festival was held over Father’s Day weekend at Broncos Stadium at Mile High. Pitmasters from around the country were on hand to smoke meat and serve their barbecue to thousands of attendees in search of good barbecue. “The energy that’s going on at this event is twice as good as it was last year,” said John David Wheeler, Pitmaster for Memphis Barbecue Co. “Denver is starving for great barbecue. They’re wanting it. Hopefully we can bring it to them.”
The event featured not only award-winning barbecue but also live music throughout the three-day fest. And, Tito’s Vodka sponsored the VIP Lounge and a dog lounge. The VIP experience cost $85 and also allowed for unlimited barbecue tastings for a two-and-a-half-hour period.
Pitmasters from six states lined up and cooked meat from the time they arrived until the time they pulled out. The three-day festival featured a total of over 19,000 pounds of meat and almost 3,000 pounds of sides. “You have to cook volume here,” said Craig Verhage, The BBQ Ninja. “You have to feed the people, feed the masses. If anything here, each team is helping each other. If somebody needs something we get it to them. We all have the same goal here and that is to cook as much as we possibly can and sell as much as we possibly can and make everybody that comes through the gate happy.”
This fraternity of pitmasters is evident with how much respect they have for each other and how much they like each other. “We do these events all over the world, said Mike Johnson, owner of Sugarfire Smokehouse in St. Louis, MO. “I’m in South America and Europe all the time. I’m in Australia a few times a year for events. I tell everyone this is one of my favorite events. It’s classy and the food is great. It has the most talent of any event I have ever done. I’m not bragging about myself. These are all my heroes. Salt Lick and The Shed, Memphis Barbecue Co. and Peg Leg are awesome. Ubon’s. They’re all really good friends of ours. They have great food.”
It’s not just the love of great food that they share. They
also have friendships that have hatched as a direct result of doing the festivals
together for so many years. “I’ve been overseas with all these guys,” said
Johnson. “We spend tons of time. We’ve been together for birthdays and
funerals. We do a lot of stuff together.”
“He’s a genius (Mike Johnson),” said Wheeler. “What a
talent. If you’re out here on this block right now, you can do it and the
people of Denver don’t know what a treat it is to have these guys. I wish we
could do this everywhere and let people share our passion with barbecue.”
This passion for barbecue and the desire to give back to the community is what sparked Wheeler to start Operation BBQ Relief. “Operation BBQ Relief started about eight years ago when a group of guys just like us got together after a tornado in Joplin, Missouri, destroyed the whole town,” said Wheeler. “They wanted to do something so everybody who had meat in their freezers or refrigerators took their meat out and started cooking. 117,000 meals later and three and a half weeks, they were done.”
That was the birth of Operation BBQ Relief and since then, they are 45,000 meals away from serving three million meals. “We do what we can to help people out and when people walk up, they walk up like a deer in the headlights asking why we are doing this,” said Wheeler. “My answer is I would hope you would do the same for me.” Wheeler and a team of 300-500 volunteers set up five smokers that can hold 1,000 pounds of meat each. That allows them to feed between 25,000 and 50,000 people. “Being around people who give their time to volunteer to help other people are the kind of guys I want to hang out with,” said Wheeler.
Wheeler is a full-time home builder and full-time pitmaster
and jokes: “It wasn’t the smartest thing I’ve ever done.” As far as Memphis
Barbecue Co., they served their ribs and baked beans at the festival and the
fast-moving line always had guests waiting for some of the best ribs in the
country.
Wheeler’s friend Mike Emerson, Pitmaster for Pappy’s Smokehouse in St. Louis, also served ribs and some guests commented that it was the best they have ever had. What started as Emerson, his business partner John Matthews, and three employees, has now grown into a 50-plus person operation based in St. Louis. “We actually sat in a bar one day and drew Pappy’s on a bar napkin and 11 years later, here we are,” said Emerson.
Emerson, who is a seventh generation Missourian grew up
loving the outdoors and cooking outdoors. It has always been a part of his
life. Now, Pappy’s runs their smokers 24 hours per day and 7 days per week. “We
run six smokers that will do about 500 pounds on each smoker,” said Emerson.
“We can go as high as five to six thousand pounds per day. Most days we’ll do
about three to four thousand pounds.” It is estimated that his son cooks 400
slabs of ribs per day to total one million since opening.
“We hit St. Louis at a good time, said Emerson. “We’re the
only city that’s got a rib named after it. We do know a little bit about
barbecue. I always tell everybody first the neighborhood embraced us and then
the city embraced us and then America embraced us. Now we actually have people
from all over the world that make trips to Pappy’s so we’ve been very
fortunate. It’s been a great ride.”
That ride has brought them to Denver the last two years with
a nice partnership with the City of Denver and the Denver Broncos. “To make one
of these really successful, you’ve got to have the city buy in with what the
people here are trying to do,” said Verhage. “Between the city and the Broncos
and what we are trying to accomplish here, everybody’s on the same page, you
don’t have somebody that is causing any friction to not make this a huge
successful event.” “I moved West of here (Maui) and this is one of the few
places I’ll come back to the mainland to come visit,” said Emerson. “You guys
are wonderful.”
For more information about Denver BBQ Fest, visit www.denverbbqfest.com. Operation BBQ Relief is located at www.operationbbqrelief.org; Pappy’s Smokehouse at www.pappyssmokehouse.com; Sugarfire Smokehouse at www.sugarfiresmokehouse.com; Memphis Barbecue Co. at www.memphisbbqco.com; and follow The BBQ Ninja on Twitter @The_BBQ_Ninja. If you crave barbecue from one of the vendors from the Festival, Sugarfire has a location in Westminster, and GQue BBQ has locations in Lone Tree and Westminster. For the rest, visit them online to purchase sauces and rubs or wait until next year for the Third Annual Denver BBQ Festival.
One of Denver’s most experienced and successful attorneys,
Craig Silverman, is joining one of Denver’s top law firms of Springer and
Steinberg, P.C. He is also well known as a radio show host on Saturday mornings
at 710 KNUS radio host and noted for his independent viewpoint. He launched his
legal career at the Denver District Attorney’s Office, prosecuting some of
Colorado’s and the nation’s highest profile criminal cases.
In 1997, he partnered with David Olivas at Silverman and
Olivas, P.C., a well-known boutique law firm in the heart of Denver’s LODO
area. There, Silverman successfully represented hundreds of civil and criminal
defense clients. And now, Silverman is launching a new chapter in his legal
career at the law offices of Springer and Steinberg, P.C.
Silverman says, “I was most interested, flattered, and
excited about being recruited by Springer and Steinberg, P.C. Jeff Springer and
Harvey Steinberg have been good friends of mine for many decades. I’ve played
lots of sports with Jeff and plenty of poker with Harvey.”
Steinberg says, “I’ve known Craig for over 50 years. I
followed his career as a prosecutor and marveled at his success. I watched
Craig move into the world of civil practice and, as expected, his success there
rivaled his prior accomplishments as a prosecutor. Given the closeness of our
families, I am happy we will finally be able to join forces at the best and
most effective law firm ever.”
Springer echoes those sentiments. “Craig and I go way back,”
he says. “We’ve always respected Craig and his abilities as a trial lawyer and
fierce competitor. Craig is fun to be around and fits in perfectly at Springer
and Steinberg where we have a team approach to winning cases for our clients.
The law firm has close ties with the City of Glendale.
Springer has served as Glendale City Attorney for over a decade and has been
involved in Glendale’s remarkable development. Silverman points out he’s played
a role in Glendale as well, and in 2013 was hired to help screen applicants to
be the new Glendale Police Chief, a process which led to the hiring of Chief
Joe Hoskins.
You could say Silverman’s love affair with “courts” began in
the gym at Denver’s George Washington High School where he was a standout
basketball player, earning seven varsity letters in basketball, golf and
baseball. He continued his athletic career in college, setting a single season
scoring record at Colorado College, over 20 points a game.
In June 1980, following his second year at CU Law School, he
began work as an intern at the Denver District Attorney’s Office. He went on to
become a Chief Deputy DA. “I prosecuted many violent Denver criminals,”
Silverman recounts, “Including Quintin Wortham, the Capitol Hill Rapist, and
Frank Rodriguez, Denver’s only modern-day death penalty verdict.”
Following the 1993 “summer of violence” in Denver, Silverman
was the prosecutor in one of Denver’s highest profile murder cases. Shane Davis
and Stephen Harrington were convicted of brutally murdering Tom Hollar and
sentenced to life in prison plus 200 years. The two-week trial was televised
live on Court TV. Silverman explains, “Tom’s widow, Christina Hollar,
captivated good people everywhere as she bravely testified regarding the horror
of her husband Tom being shot dead at 11th and Corona as he tried, in vain, to
protect her from being carjacked.”
Silverman’s legal experience and engaging style were
appreciated by local and national media outlets. He regularly appeared on local
TV stations to provide expert analysis during the OJ Simpson murder case.
Another Denver attorney, Dan Caplis, was doing a daily afternoon radio show on
AM 760 covering the Simpson “Trial of the Century” and Silverman says, “He had
me on regularly which began our friendship that lasts to this day.” In fact,
the two started the Caplis and Silverman Show on KHOW Radio in 2004, a popular
afternoon drive radio show that lasted over eight years.
Silverman’s legal and media careers converged in 1996, after
he ran as an Independent candidate to unseat incumbent DA Bill Ritter.
Silverman says, “I lost my race for Denver DA in November 1996, and in December
1996 JonBenét Ramsey was murdered in her Boulder home. Media outlets called me,
and I again responded.” Silverman appeared on many network and national cable
TV shows and that continued through other Colorado cases including Columbine,
the Oklahoma City bombing trial, the Kobe Bryant case and the Aurora theater
massacre.
In 2014 he began the Craig Silverman Show which continues to
air every Saturday morning from 9 a.m. ’til noon on 710 KNUS radio. The
schedule suits Silverman perfectly. He says, “I relish the opportunity to recap
the week and express my thoughts about what happened, without having to worry
about any interference with my primary job. My work as a lawyer for my clients
is always my priority.”
In fact, Silverman explains, “Preparation is critical to
putting on a great radio show and the same is true for putting together a
client’s best case. Teamwork and a fierce desire to fight for justice make it
happen at Springer and Steinberg.”
The firm is mid-sized with 30 some legal professionals
dedicated to helping clients. Steinberg is famous as a pre-eminent criminal
defense lawyer while Springer is an experienced and widely respected attorney
who leads a large legal team working on serious injury and wrongful death
cases.
Silverman says he will be focusing primarily on helping
victims of bad driving and other injury-causing misconduct. “Helping people who
have been victimized by the transgressions of others is what I most enjoy as an
attorney and is a natural extension of my work as a prosecutor.” Silverman
notes as a member of the Springer and Steinberg team, he won’t have to worry
about administrative responsibilities like he did at his own firm. “That means
more time with clients, preparing their cases and fighting for justice for our
clients.”
For more information or to contact Craig Silverman at Springer and Steinberg, call 303-861-2800 or csilverman@springersteinberg.com.