Association records - rules - applicability
Establishes the rights of unit owners to inspect and copy association records, and lists the records the association must maintain in addition to those required by §38-33.3-209.4(2). Required records include detailed receipts and expenditures, construction-defect claim records, meeting minutes, written communications and votes outside meetings, unit-owner roster with addresses and vote counts, the declaration and other governing documents and responsible governance policies, financial statements for three years and tax returns for seven years, the list of current board members, the §317(1)(h.5) fee-schedule disclosure (transfer fees, record change fees, status letter charges), the §317(1)(h.6) annual disclosures, the most recent reserve study if any, contracts, design/architectural decisions, voting records, and three years of general unit-owner communications. Subsection (4) governs the fee for record copies — actual cost only, no profit. Subsection (4.5) imposes a $50/day penalty (capped at $500 or actual damages, whichever is greater) for failure to allow inspection or copying within 30 calendar days of certified-mail request.
Reviewed · Colorado changes feed
| Ref | Requirement |
|---|---|
| (1)(h.5) | The HOA must maintain — and disclose to buyers and sellers — a list of every fee or charge tied to the transfer of a unit. Transfer fees, record-change fees, status letter charges, anything else not covered by ordinary assessments. This is the Colorado fee-schedule disclosure that title companies and prospective buyers need to underwrite the closing. |
| Ref | Requirement |
|---|---|
| (1)(a)-(c) | The association must keep three foundational record categories: detailed receipts/expenditures (the financial trail), construction-defect claims (and any settlement proceeds), and meeting minutes (board, owner, and committee). These are the "sole records" for retention and production — meaning everything else can be discarded. |
| (1)(g) | The HOA must keep three years of financial statements and seven years of tax returns available for inspection. Anything older may be discarded — the record-retention floor is not the same as a litigation-hold obligation. |
| (1)(h.6) | Every document in the §209.4 annual disclosure package (operating budget, assessment list, financial statements, audit/review, insurance summary, governing docs, minutes, governance policies) must be retained as part of the records archive. |
| (4) | The HOA can charge actual cost for record copies — labor, material, copying, mailing, special processing — but cannot charge a profit margin. There is NO statutory dollar cap; the cap is "estimated cost of production." Per §209.5(8)(b), the HOA additionally may not charge a fee for providing an owner with a statement of total amount owed. |
| (4.5) | When an owner sends a certified-mail records request with the fee, the HOA has 30 calendar days to allow inspection/copying. If it fails, the owner can collect $50 per day starting from the 11th business day after the request, capped at $500 OR actual damages — whichever is greater. This is a real penalty with teeth, not a slap on the wrist. |