My association’s board of directors often uses email to communicate with each other in between board meetings. Is this allowed? In addition, a local newspaper, after having been contacted by some un

Association board members may use email to discuss community association issues informally. Using this method of communication to share information is akin to a board going into a “working session.” A working session is not considered a board meeting as it is not called to order and no formal actions are taken during its course.  Under Colorado law, only board meetings must be open to attendance by owners.  Therefore, since communication informally by email is not a “board meeting,” owner inclusion is not required. Although boards have no statutory obligation to include owners on the distribution list, including interested owners reinforces trust and good relations between board members and owners.

Associations do not have to comply with media requests to be included on association distribution lists. Although the media has the right to access public records, it has no general right to access private records.  Any association emails that may be considered “association records,” fall within the category of private records.  The association retains the discretion over whether or not to release these private records to the media.

Community Essentials - September 2005