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SB 100 Mandatory Association Disclosures to All Unit Owners
--- Effective January 1st, 2006 ---
Associations Must Disclose the Following information: Frequency or Timing of Disclosure: Means of Disclosure:

Name of association

Name of association's designated agent or management company, if any

Valid physical address and telephone number of association and designated agent or management company, if any

Name of common interest community

Recording information for declaration: initial date or recording, reception number, book and page

*Applies to all pre and post-CCIOA common interest communities with the exception of time- share units.

At least once per year.

§38-33.3-209.4(1)

Association must provide its owners with a written notice containing this information, but statute does not specify the means of delivery.

Notice of change of address of association, association's designated agent or management company, if any

*Applies to all pre and post-CCIOA common interest communities with the exception of time- share units.

Within 90 days after a change.

§38-33.3-209.4(1)

Written notice to all owners.

Date on which association's fiscal year commences

Operating budget for current fiscal year

List, by unit type, of regular and special assessments

Annual financial statements, including amounts held in reserve for the preceding fiscal year

Results of any financial audit or review for the preceding fiscal year

List of all association insurance policies, including, but not limited to, property, general liability, association director and officer professional liability, and fidelity policies with company names, policy limits, policy deductibles, additional named insureds, and expiration dates

Bylaws, articles of incorporation, and rules and regulations

Minutes of board and member meetings for the prior fiscal year

Responsible governance policies mandated by §38-33.3-209.5

*Applies to all pre and post-CCIOA common interest communities with the exception of time- share units.

Within 90 days after assuming control from the Declarant [per C.R.S. 38.33.3-303(5)] and within 90 days after the end of each fiscal year thereafter.

§38-33.3-209.4(2)

1. Posting on an internet web page and sending notice to all owners of the web address via first-class mail or email; or

2. Mail to all owners; or

3. Personal delivery to all owners; or

4. Maintaining a literature table or binder at the association’s place of business.

§38-33.30209.4(3)

*The cost of disclosure shall be a common expense, i.e. owners cannot be required to pay to receive this information.

 

SB-100 Association Disclosures Relating to the Sales of Units at the Request of the Selling Owner

--- Effective January 1st, 2006 ---
Association Must Use their Best Efforts to Accomodate a Request by a Seller for Documents Within Association Control: Frequency or Timing of Disclosure: Means of Disclosure:

Documents In Association’s Control Under §38-33.3-317:

Declaration/Covenants

Bylaws

Resolutions adopted by board that affect unit owners

Minutes of all unit owner meetings

Records of all actions taken by unit owners without a meeting for past three years

All written communications within past 3 years to unit owners generally as unit owners

List of names and business or home addresses of current directors and officers

Most recent annual report

All financial audits or reviews undertaken per §38-33.3-303(4)(b) during  preceding 3 years

Minutes of board member meetings

Record of all actions taken by owners or board by written ballot or consent in lieu of a meeting

Record of all actions taken by a committee instead of board on behalf of association

Record of all waivers of notices of meetings of unit owners, board members, or committee members

List of owners, including names, addresses, and vote allocations

 *§38-33.3-223 applies to all pre and post-CCIOA common interest communities with the exception of time-share units.

Statute does not specify when association must provide the information to requesting owner beyond the requirement that the association use its best efforts to accommodate the request.

§38-33.3-223

Statute does not specify means of delivery

 * Association may charge a fee for furnishing requested documents.