The State of Colorado adopted the Colorado Address Confidentiality Program (“ACP”) in 2007, and first started accepting participants in July of 2008. While this relatively new statute may be completely unknown to most association managers and board members, it is important to at least understand the basic purpose and procedures relating to the statute and how it may affect your association.
The program is open to victims of crimes of domestic violence, sexual offenses, or stalking. The victim must reside in Colorado and have recently relocated or be in the process of relocating to a new address unknown to the abuser. Through the ACP the participant receives assistance with keeping their address from being disclosed in most public records through the provision of a legal substitute address and a confidential mail forwarding service. Once accepted into the program the participant receives an authorization card and a substitute address. It is important to remember that the program only relates to confidentiality in public records.
This law could affect any association which files liens with the clerk and recorder or files a lawsuit against a homeowner, prints a homeowner directory or lists violations in their newsletters or minutes. All participants agree to designate the program as their agent for service of process.
The program places the obligation of notification on the participant. Should an owner within your community notify you of their participation in ACP they would have to provide you with proof via an authorization card from the state of Colorado. Should you receive such notification the ACP can verify whether the card is current and valid. If you are notified of participation in the program by one of its owners, an association should take reasonable steps to comply with the owner’s desire for confidentiality. In most cases the Association will only need to place the new address of the participant in your system and be certain not to connect the name of the participant in any association documents along with the property address. For example, if your association has a community directory be certain not to list the physical address along with the name of a participant in the program. If the property has covenant violations be certain to list only the address (not the name and address) in any minutes that would be printed. If you have any questions about compliance with the program please call us at 303.432.9999.