Did you know the term “association records” is defined by Colorado statute? The Colorado Common Interest Ownership Act (“CCIOA“) clarifies the rights and obligations of both homeowners and associations in this regard, including identification of which association documents owners have a right to inspect and copy.
What Constitutes Association Records?
CCIOA, in Section 317, provides that in addition to any documents identified in the governing documents, the below items are deemed to be the sole records of an association for purposes of production to, and inspection by, homeowners. Due to the large number of documents identified as association records, this article will not list all of them, but below are some of the lesser known items:
- Records of actions taken by the board without a meeting, including written communications and e-mails among board members that are directly related to the action so taken;
- A list of the names of owners in a form that permits preparation of a list of the names and mailing addresses of all owners, as well as the number of votes each owner is entitled to cast;
- A list of the association’s insurance policies, which shall include the company names, policy limits, policy deductibles, additional named insured, and expiration dates of the policies listed;
- A list of the names, e-mail addresses and mailing addresses of the current board members and officers;
- Current written contracts and contracts for work performed for the association within the prior two years;
- Ballots, proxies and other records related to voting by owners for one year after the election, vote or action to which they relate;
After CCIOA identifies the documents deemed to be records open for inspection and copying, it carves out exceptions. More specifically, CCIOA contains subsections listing documents that may be withheld and documents that must be withheld by associations.
Records that may be withheld include records concerning the following:
- Architectural drawings, plans, and designs, unless released upon the written consent of the legal owner of the drawings, plans, or designs;
- Contracts, leases, bids, or records related to transactions to purchase or provide goods or services that are currently in or under negotiation;
- Communications with legal counsel that are otherwise protected by the attorney-client privilege or the attorney work product doctrine;
- Disclosure of information in violation of law;
- Records of an executive session of an executive board; and
- Individual units other than those of the requesting owner.
Records that must be withheld include the below:
- Personnel, salary, or medical records relating to specific individuals; and
- Personal identification and account information of members and residents, including bank account information, telephone numbers, electronic mail addresses, driver’s license numbers, and social security numbers (except that a member or resident may provide the association with consent thereby allowing the association to disclose the person’s telephone number and/or email address).
Additionally, any records that pertain to another owner’s individual unit, even though such records are listed in the “may withhold” category, should not be disclosed to any person other than the owner of that unit. Doing so may be considered a disclosure of personal information and may be a liability exposure for the association.
All records maintained by an association subject to inspection must be available for examination and copying within 10 days of said request, or at the next board meeting if such meeting is scheduled to take place within 30 days of the request.
While providing association records to owners may seem onerous and time-consuming, CCIOA allows the association to charge back the actual costs of production, which may be recouped prior to producing any records to owners. This includes any fees associated with retrieving records from storage, hourly rates associated with management company employees making copies and searching for records, as well as actual costs of supplies required to make copies.
Please note, an inspection of records policy is required for all associations as one of the nine good governance policies, so if your association does not have one in place, please contact your legal counsel immediately.
If you have questions or would like to discuss association records in more detail, please contact an Altitude attorney at 303.432.9999 or at [email protected].