HOA Records Bill Passes Out of House Local Government Committee

In a 9-0 vote, HB1237 passed out of the House Local Government Committee with a few revisions. The bill as it currently stands now requires that associations maintain the following documents and that these documents are the only documents available for production to owners: (amendments are in bold)

1. detailed records of receipts and expenditures including settlement of claims for construction defects unless confidential;
2. minutes of all meetings of owners and board of directors;
3. records of actions taken without a meeting by owners;
4. records of actions taken by committee of the board;
5. written communications among and votes cast by, board members outside of a meeting;
6. names of unit owners and physical mailing address at which association communicates with them, showing number of votes allowed;
7. declaration, bylaws, articles or other organizational documents, rules and regulations, responsible governance policies and any other policies adopted by board;
8. financial statements (showing assets, liabilities and results of operation) for last three years;
9. tax returns for past 7 years;
10. names and physical mailing address of current board and officers;
11. most recent annual report filed with Secretary of State;
12. financial records needed to comply with 38-33.3-316(8) in producing a statement of unpaid assessments on a unit;
13. most recent reserve study, if any;
14. current contracts to which association is a party;
15. records of board or committee to approve or deny request for architectural or design approval except designs and architectural drawings unless written consent of the legal owner is obtained;
16. ballots, proxies or other records related to voting by owners for 1 year;
17. resolutions adopted by the board;
18. all written communications within past 3 years to all owners generally as owners.

The bill makes it clear that associations can not condition production of any of the documents upon a statement of proper purpose.  However in the amendment membership lists may only be obtained and used for a “proper purpose.”

As stated in the attached article that appeared in the Denver Post, the bill sponsor, Representative Angela Williams says she doesn’t expect any opposition to the bill.