HOA INFORMATION OFFICER CONTINUES OUTREACH

David A. Firmin | Friday, April 4, 2014 | Colorado Community Association Law

I took the opportunity to attend the regularly scheduled HOA Information Resource Officers education session on Wednesday. I was impressed with the amount of information being distributed by the HOA Office. The HOA Office provides a vast amount of information through their web site, as well as through the educational offerings. This week’s educational session included a round-up of last year’s legislation as well as this year’s proposed legislation that has been forwarded to the Governor. HB 14-1125 was signed into law on March 27, 2014 and relates to circumstances in which an Association may disclose email and phone numbers of owners in the community. HB 14-1254, the HOA management company disclosure bill, requires management companies to disclose fees and costs charged to the Association and owners as well as other remuneration the management company or its affiliates receive or will receive, directly or indirectly, in connection with its relationship with the common interest community.

In listening to the conversation I heard many of the participants raise very specific issues, with the prevailing themes being:

  1. What is the requirement for registering your Association?
  2. When and how can an Association accept consent forms to permit email disclosure (when the statute becomes effective);
  3. Manager licensing and what this means to self-managed Associations;and
  4. What are the fiduciary duties of board members?

The HOA information Office has made great strides in getting educational opportunities out to ensure that owners buying into Common Interests Communities are aware of their obligations and rights.They can be reached at: http://cdn.colorado.gov/cs/Satellite?c=Page&childpagename=DORA/DORALayout&cid=1249686120221&pagename=CBONWrapper.

Comments

Given the new law: If an association has already published and distributed directories with Email addresses and phone numbers - 1) Is is sufficient to alert everyone that if they wish to have their data deleted, they must request same? or 2) Is it required that the association specifically request permission to publish siad information in the future. That is can we assume permission unless directed otherwise - and only ask permission from new members?

Gary is doing a great job, and he "gets it." I wish the legislature would give his office more authority, and would listen to his advice & suggestions. His report on dispute resolution at the state level was spot-on. It is something towards which I hope we can work. I especially like Nevada's paradigm, but there are facets from other states that could be included. Without constantly going to the website, is there some way to know when and where these meetings are held? In the past, some have been publicized, and I have attended those, but most are not publicized. I would like to have attended Wednesday's session. Question #3 is of interest to me, and it might be helpful to post something about this.

My HOA has been asked repeatedly to stop putting everyone's email address in the CC: line and use BCC: instead so that we are not subject to replies, spam, and viruses. How does this law apply for keeping email private in this situation?

The association may only disclose emails if it has the permission of the owner of the email address. If the email is used without permission, the Association should stop using the provisions of the statute.

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