I took the opportunity to attend the regularly scheduled HOA Information Resource Officers education session on Wednesday. I was impressed with the amount of information being distributed by the HOA Office. The HOA Office provides a vast amount of information through their web site, as well as through the educational offerings. This week’s educational session included a round-up of last year’s legislation as well as this year’s proposed legislation that has been forwarded to the Governor. HB 14-1125 was signed into law on March 27, 2014 and relates to circumstances in which an Association may disclose email and phone numbers of owners in the community. HB 14-1254, the HOA management company disclosure bill, requires management companies to disclose fees and costs charged to the Association and owners as well as other remuneration the management company or its affiliates receive or will receive, directly or indirectly, in connection with its relationship with the common interest community.
In listening to the conversation I heard many of the participants raise very specific issues, with the prevailing themes being:
- What is the requirement for registering your Association?
- When and how can an Association accept consent forms to permit email disclosure (when the statute becomes effective);
- Manager licensing and what this means to self-managed Associations;and
- What are the fiduciary duties of board members?
The HOA information Office has made great strides in getting educational opportunities out to ensure that owners buying into Common Interests Communities are aware of their obligations and rights.They can be reached at: http://cdn.colorado.gov/cs/Satellite?c=Page&childpagename=DORA/DORALayout&cid=1249686120221&pagename=CBONWrapper.
1) Is is sufficient to alert everyone that if they wish to have their data deleted, they must request same? or
2) Is it required that the association specifically request permission to publish siad information in the future.
That is can we assume permission unless directed otherwise – and only ask permission from new members?