Privacy of Records - Is Anything Protected?

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Resource Topic: 
Governance
Operations
By: David A. Firmin

A local radio talk show host screams to the world, "in Colorado, the law requires that ALL HOMEOWNER ASSOCIATION RECORDS MUST BE MADE AVAILABLE FOR INSPECTION; YOU HAVE A RIGHT TO DEMAND THAT THE BOARD IMMEDIATELY PRODUCE WHATEVER RECORDS YOU WANT TO WANT AND IF YOU DON’T GET THEM, YOU SHOULD SUE!" The following morning, a community manager suddenly receives numerous document inspection requests DEMANDING that the association turn over all records relating to delinquent owners. The association has not provided delinquency reports to owners before, and the manager now wonders if they can continue to keep delinquency reports confidential? If not, can anything be kept confidential?

In fact, the Colorado Common Interest Ownership Act (CCIOA) does state, "all financial and other records shall be made reasonably available for examination and copying by any unit owner and such owner's authorized agents." Because CCIOA specifically requires that all financial documents of an association be made available for inspection by owners, this would include account receivable aging reports, as well as all other financial records of the association. This means that, yes, the association must make available for inspection delinquency reports, even those that tie delinquent accounts to the account address.

Documents that must be available for inspection
All associations are required by law to keep the following records and documents:

  • membership lists, including names and addresses of all unit owners, which includes the number of votes allocated to each owner or unit
  • minutes of all meetings of unit owners and the board
  • a record of all actions taken by the owners or executive board by
  • written ballot or consent in lieu of a meeting
  • record of all actions taken by a committee of the executive board in place of the executive board
  • records of all waivers of notices of meetings of the unit owners and the executive board
  • budget and all financial records
  • articles of incorporation
  • bylaws
  • declaration
  • resolutions adopted by the executive board
  • meeting minutes of all owner meetings for the last three years
  • all written communications sent to owners generally
  • the most recent financial audit

These are the minimum documents that must be maintained by an association. However, any other non-privileged document that an association has and that is kept as a record must also be made available for inspection by owners. This includes contracts, including the management contract.

Documents and information that may be kept private
The following documents are considered private, or “privileged”, and do not need to be disclosed to an owner:

  • attorney-client privileged documents and records (unless the board decides to disclose that information during an open meeting)
  • any documents that are confidential under constitutional, statutory or judicially imposed requirements (ask your attorney if you’re unsure whether you can withhold information under this exemption)
  • any documents, or information contained in such documents, the disclosure of which would constitute an unwarranted invasion of individual privacy, including, but not limited to social security numbers, dates of birth, personal bank account information, and driver’s license numbers. In some cases, this can include email addresses

What does “available for inspection” mean?
Although every association does have many documents that must be made available for inspection by owners upon request, as explained above, an association has no obligation to make a copy or create a record for an owner. Your association’s SB 100 policy on association records should explain these limits, any copying charges, or privacy disclosure document owners may be required to sign.

The intent of Colorado’s association open records law is to ensure associations operate in a transparent manner. Requests for documents shouldn’t be feared, but instead should be accommodated as an opportunity to promote trust within your community. That’s the best response to those screaming radio talk show hosts.