2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 3 - MANAGEMENT OF THE COMMON INTEREST COMMUNITY (§§ 38-33.3-301 — 38-33.3-319) › Section 38-33.3-317 - Association records - rules - applicability

(1)
In addition to any records specifically defined in the association's declaration or bylaws or expressly required by section
38-33.3-209.4 (2)
, the association must maintain the following, all of which shall be deemed to be the sole records of the association for purposes of document retention and production to owners:
(a)
Detailed records of receipts and expenditures affecting the operation and administration of the association;
(b)
Records of claims for construction defects and amounts received pursuant to settlement of those claims;
(c)
Minutes of all meetings of its unit owners and executive board, a record of all actions taken by the unit owners or executive board without a meeting, and a record of all actions taken by any committee of the executive board;
(d)
Written communications among, and the votes cast by, executive board members that are:
(I)
Directly related to an action taken by the board without a meeting pursuant to section
7-128-202
, C.R.S.; or
(II)
Directly related to an action taken by the board without a meeting pursuant to the association's bylaws;
(e)
The names of unit owners in a form that permits preparation of a list of the names of all unit owners and the physical mailing addresses at which the association communicates with them, showing the number of votes each unit owner is entitled to vote; except that this paragraph (e) does not apply to a unit, or the owner thereof, if the unit is a time-share unit, as defined in section
38-33-110 (7)
;
(f)
Its current declaration, covenants, bylaws, articles of incorporation, if it is a corporation, or the corresponding organizational documents if it is another form of entity, rules and regulations, responsible governance policies adopted pursuant to section
38-33.3-209.5
, and other policies adopted by the executive board;
(g)
Financial statements as described in section
7-136-106
, C.R.S., for the past three years and tax returns of the association for the past seven years, to the extent available;
(h)
A list of the names, electronic mail addresses, and physical mailing addresses of its current executive board members and officers;
(h.5)
A list of the current amounts of all unique and extraordinary fees, assessments, and expenses that are chargeable by the association in connection with the purchase or sale of a unit and are not paid for through assessments, including transfer fees, record change fees, and the charge for a status letter or statement of assessments due;
(h.6)
All documents included in the association's annual disclosures made pursuant to section
38-33.3-209.4
.
(i)
Its most recent annual report delivered to the secretary of state, if any;
(j)
Financial records sufficiently detailed to enable the association to comply with section
38-33.3-316 (8)
concerning statements of unpaid assessments;
(k)
The association's most recent reserve study, if any;
(l)
Current written contracts to which the association is a party and contracts for work performed for the association within the immediately preceding two years;
(m)
Records of executive board or committee actions to approve or deny any requests for design or architectural approval from unit owners;
(n)
Ballots, proxies, and other records related to voting by unit owners for one year after the election, action, or vote to which they relate;
(o)
Resolutions adopted by its board of directors relating to the characteristics, qualifications, rights, limitations, and obligations of members or any class or category of members; and
(p)
All written communications within the past three years to all unit owners generally as unit owners.
(2)
(a)
Subject to subsections (3), (3.5), and (4) of this section, all records maintained by the association must be available for examination and copying by a unit owner or the owner's authorized agent. The association may require unit owners to submit a written request, describing with reasonable particularity the records sought, at least ten days prior to inspection or production of the documents and may limit examination and copying times to normal business hours or the next regularly scheduled executive board meeting if the meeting occurs within thirty days after the request. Notwithstanding any provision of the declaration, bylaws, articles, or rules and regulations of the association to the contrary, the association may not condition the production of records upon the statement of a proper purpose.
(b)
(I)
Notwithstanding paragraph (a) of this subsection (2), a membership list or any part thereof may not be obtained or used by any person for any purpose unrelated to a unit owner's interest as a unit owner without consent of the executive board.
(II)
Without limiting the generality of subparagraph (I) of this paragraph (b), without the consent of the executive board, a membership list or any part thereof may not be:
(A)
Used to solicit money or property unless such money or property will be used solely to solicit the votes of the unit owners in an election to be held by the association;
(B)
Used for any commercial purpose; or
(C)
Sold to or purchased by any person.
(3)
Records maintained by an association may be withheld from inspection and copying to the extent that they are or concern:
(a)
Architectural drawings, plans, and designs, unless released upon the written consent of the legal owner of the drawings, plans, or designs;
(b)
Contracts, leases, bids, or records related to transactions to purchase or provide goods or services that are currently in or under negotiation;
(c)
Communications with legal counsel that are otherwise protected by the attorney-client privilege or the attorney work product doctrine;
(d)
Disclosure of information in violation of law;
(e)
Records of an executive session of an executive board;
(f)
Individual units other than those of the requesting owner; or
(g)
The names and physical mailing addresses of unit owners if the unit is a time-share unit, as defined in section
38-33-110 (7)
.
(3.5)
Records maintained by an association are not subject to inspection and copying, and they must be withheld, to the extent that they are or concern:
(a)
Personnel, salary, or medical records relating to specific individuals; or
(b)
(I)
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, notwithstanding section
38-33.3-104
, a member or resident may provide the association with prior written consent to the disclosure of, and the association may publish to other members and residents, the person's telephone number, electronic mail address, or both. The written consent must be kept as a record of the association and remains valid until the person withdraws it by providing the association with a written notice of withdrawal of the consent. If a person withdraws his or her consent, the association is under no obligation to change, retrieve, or destroy any document or record published prior to the notice of withdrawal.
(II)
As used in this paragraph (b), written consent and notice of withdrawal of the consent may be given by means of a "record", as defined in the "Uniform Electronic Transactions Act", article
71.3
of title
24
, C.R.S., if the parties so agree in accordance with section
24-71.3-105
, C.R.S.
(4)
The association may impose a reasonable charge, which may be collected in advance and may cover the costs of labor and material, for copies of association records. The charge may not exceed the estimated cost of production and reproduction of the records, including the costs of copying, mailing, and any necessary special processing.
(4.5)
If the association fails to allow inspection or copying of records in accordance with this section within thirty calendar days after receipt of a written request submitted by certified mail, return receipt requested, and payment of any fees required pursuant to subsection (4) of this section, the association is liable for penalties in the amount of fifty dollars per day, commencing on the eleventh business day after the association received the written request, up to a maximum of five hundred dollars or the unit owner's actual damages sustained as a result of the refusal, whichever is greater.
(5)
A right to copy records under this section includes the right to receive copies by photocopying or other means, including the receipt of copies through an electronic transmission if available, upon request by the unit owner.
(6)
An association is not obligated to compile or synthesize information.
(7)
Association records and the information contained within those records shall not be used for commercial purposes.
(8)
Subsections (1)(h.5), (1)(h.6), and (4.5) of this section, as added by House Bill 21-1229, enacted in 2021, and subsection (4) of this section, as amended by House Bill 21-1229, enacted in 2021, do not apply to an association that includes time share units, as defined in section
38-33-110 (7)
.
Amended by 2021 Ch. 409, § 4, eff. 9/7/2021.
Amended by 2014 Ch. 66, § 1, eff. 8/6/2014.
L. 91: Entire article added, p. 1756, § 1, effective 7/1/1992. L. 2005: Entire section amended, p. 1387, § 18, effective 1/1/2006. L. 2006: (2), (3), (4), and (7) amended, p. 1224, § 13, effective May 26. L. 2012: Entire section R&RE, (HB 12-1237), ch. 1016, p. 1016, § 1, effective 1/1/2013. L. 2014: (3.5) amended, (HB 14 -1125), ch. 290, p. 290, § 1, effective August 6. L. 2021: (1)(h.5), (1)(h.6), (4.5) and (8) added and (4) amended, (HB 21-1229), ch. 2709, p. 2709, § 4, effective September 7.
Section 5 of chapter 409 (HB 21-1229), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after September 7, 2021.
2021 Ch. 409, was passed without a safety clause. See Colo. Const. art. V, § 1(3).