Colorado Revised Statute Title 38. 38-33.3-317 – HOA Records That Must be Maintained and Produced.

HOA Records Law: Colorado Revised Statute Title 38. 38-33.3-317. [Effective 1/1/2013] Association records revision which identifies which HOA Records Must Be Maintained and Produced to Owners Upon Request!

House Bill 1237 (“HB 1237”), the HOA records bill, has been signed by Governor Hickenlooper. The bill became effective on January 1, 2013.

Effective January 1, 2013, HOA managers, management companies and HOA board members must comply with the new law.

Beginning on January 1st, here is a list of the records which Colorado Revised Statute Title 38; 38-33.3-317 requires associations to maintain and produce to owners upon request:

● Records specifically defined in the association’s declaration or bylaws;

● Records the association is required to disclose within 90 days after the end of the fiscal year as required by CCIOA;

● Detailed records of receipts and expenditures affecting the operation and administration of the association;

● Records of claims for construction defects and amounts received pursuant to settlement of those claims;

● Minutes of all meetings of its owners and board, a record of all actions taken by the owners or board without a meeting, and a record of all actions taken by any committee of the board;

● Written communications among, and votes cast by, board members that are: (i) directly related to an action taken by the board without a meeting pursuant to the Colorado Revised Nonprofit Corporation Act; or (ii) directly related to an action taken by the board without a meeting pursuant to the association’s bylaws;

● A list of the names of all owners and the physical mailing addresses at which the association communicates with them, showing the number of votes each owner is entitled to vote;

● The association’s current declaration, covenants, bylaws, articles of incorporation, rules and regulations, responsible governance policies and other policies adopted by the board;

● Financial statements for the past 3 years and tax returns of the association for the past 7 years;

● A list of the names, email addresses and physical mailing addresses of the current board members and officers;

● The most recent annual report (if any) delivered to the Secretary of State;

● Financial records sufficiently detailed to enable the association to provide an owner with a written statement stating the amount of unpaid assessments currently levied against the owner’s unit;

● The association’s most current reserve study (if any);

● Current written contracts to which the association is a party and contracts for work performed within the past 2 years;

● Records of board or committee actions to approve or deny any requests for design or architectural approval from owners;

● Ballots, proxies and other records related to voting by owners for 1 year after the election, action or vote;

● Resolutions adopted by the board relating to the characteristics, qualifications, limitations, and obligations of members;

● All written communications within the past 3 years sent to all owners.

While this list represents records routinely maintained by associations, most HOA attorneys recommend that managers, management companies and HOA boards use the bullet points as a checklist to determine whether you are currently maintaining these records and are prepared to produce them beginning in January.

Sponsors of Bill:

A. Williams: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou07.htm angela.williams.house@state.co.us

Laura Bradford: http://www.bradfordforhouse.com/endorsements.html laurabradford55@gmail.com

Lois Court: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou06.htm lois.court.house@state.co.us

Crisanta Duran: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou05.htm crisanta.duran.house@state.co.us

Rhonda Fields: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou42.htm rhonda.fields.house@state.co.us

Chris Holbert: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou44.htm chris.holbert.house@state.co.us

Andy Kerr: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou26.htm andy.kerr.house@state.co.us

James Kerr: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou28.htm james.kerr.house@state.co.us

Jeanne Labuda: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou01.htm jeanne.labuda.house@state.co.us

Robert Ramirez: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou29.htm robert.ramirez.house@state.co.us

Sue Schafer: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou24.htm sue.schafer.house@state.co.us

Nancy Todd: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou41.htm nancy.todd.house@state.co.us

Max Tyler: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou23.htm repmaxtyler@gmail.com

Roger Wilson: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou61.htm roger.wilson.house@state.co.us

Edward Casso: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou32.htm edward.casso.house@state.co.us

Don Coram: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou58.htm don.coram.house@state.co.us

Tom Massy: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou60.htm tom.massey.house@state.co.us

Su Ryden: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou36.htm su.ryden.house@state.co.us

Edward Vigil: http://www.state.co.us/gov_dir/leg_dir/House/members/Hou62.htm edward.vigil.house@state.co.us

Ted Harvey: http://www.state.co.us/gov_dir/leg_dir/Senate/members/Sen30.htm ted.harvey.senate@state.co.us

Cheri Jahn: http://www.state.co.us/gov_dir/leg_dir/Senate/members/Sen20.htm cheri.jahn.senate@state.co.us

Linda Newell: http://www.state.co.us/gov_dir/leg_dir/Senate/members/Sen26.htm linda.newell.senate@gmail.com

Pat Steadman: http://www.state.co.us/gov_dir/leg_dir/Senate/members/Sen31.htm sen.steadman@gmail.com

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2 Responses to Colorado Revised Statute Title 38. 38-33.3-317 – HOA Records That Must be Maintained and Produced.

  1. Tabasco says:

    Procedures which HOAs will be permitted to utilize in obtaining and processing record requests from owners. Here’s what you need to know:

    ●All of the records outlined in Colorado Revised Statute Title 38. 38-33.3-317, must be available for examination and copying by an owner or the owner’s authorized agent. HOAs can certainly require that anyone acting as an owner’s authorized agent provide written proof that the owner has actually designated that individual as their authorized agent.

    ●HOAs are permitted to require owners to submit a written request for records which reasonably describes the records they are seeking to inspect and/or copy. HOAs can require that this written request for records be submitted at least 10 days prior to the inspection or production of the records and may limit the inspection and production of records to normal business hours or the next regularly scheduled meeting of the board – assuming that meeting occurs within 30 days after the request.

    ●Regardless of what the governing documents say, HOAs will not be permitted to require owners to submit a “proper purpose” to the association prior to being permitted to inspect or copy records.

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