GLACIER VIEW MEADOWS WATER AND SEWER ASSOCIATION

POLICY REGARDING INSPECTION AND COPYING OF ASSOCIATION RECORDS AND RECORD KEEPING REQUIREMENTS

Effective:  July 1, 2006

1.         Introduction.

The Board of Directors (the “Board”) of Glacier View Meadows Water and Sewer Association, a Colorado non-profit corporation (the “Association”), acting pursuant to the powers set forth in the Association’s Bylaws, Articles of Incorporation, the Master Declaration for Glacier View Meadows (the “Declaration”) (such documents being collectively being referred to as the “Association Documents”), and the Colorado Common Interest Ownership Act ( “CCIOA”), has enacted the following Policy effective as of the date set forth above.  Unless the context otherwise indicates, capitalized words and terms shall have the meanings set forth in the Association Documents and, if not defined in the Association Documents, then as set forth in CCIOA.  This Policy supersedes any previously adopted Policy on the same subject matter.

2.         Policy Purposes.

The purposes of this Policy are to:

2.1       Set forth procedures and rules to promote the consistent and predictable handling of requests by Owners for the inspection and copying of Association records;

2.2.      Protect the Association and its members from abusive records requests which lack a proper purpose, which fail to describe with particularity the records sought, or, which seek records not relevant to the stated purpose of a request, or which seek records legally protected from disclosure on the basis of privilege or other valid grounds for confidentiality.

3.         Document Retention Policy.

3.1.      Compliance with CCIOA.  It is the policy of the Association to maintain all records required to be maintained by CCIOA, as well as any additional documents which are designated for retention in any provision of the Association Documents.  From time to time, the Board shall consult with the Association’s managing agent or, if the Association has no acting managing agent, then with the Association’s Secretary, to verify compliance with the record-keeping and retention requirements under Colorado Law. 

3.2       Form of Records.  It is the policy of the Association to maintain the required records (see section 6) in written or electronic form, with a preference given to electronic storage so long as such documents can be easily converted to written form within a reasonable time.  For purposes of this section, “reasonable time” shall mean a time period sufficient to allow conversion of documents to written form within five business days following a proper request for review and copying as provided below.

3.3.      Protection of Original Documents.  It is the policy of the Association that “original” records of the Association shall be appropriately protected from damage, loss or spoliation.  As such, “original” documents shall not be subject to unsupervised inspection and review, and the Association will either provide for supervised review of original materials or the provision of photocopies of the requested materials with the requesting Owner responsible for reimbursement of the Association’s actual cost for duplication expenses.

4.         Procedure for Requesting Inspection of Records.

4.1       Document Inspection/Copying Request Form.  Any Association Owner seeking to inspect or copy Association records shall submit a request in substantially the form of the attached “Request for Inspection/Copying of Association Records” (the “Request”) to the Association through its managing agent, if applicable, or if the Association has no acting managing agent, then through the Association’s Secretary.   The date on which a compliant written Request is received by the responsible Association representative shall be deemed the “Date of Request.”

4.2       Review of Request.  Upon receipt of a written Request, the Association’s managing agent, if applicable, or else the Association’s Secretary shall review the Request and determine in good faith whether the purpose of the Request is proper; whether the Request describes the records sought with reasonable particularity; and whether the records sought are relevant to the purpose of the Request.  In making such determinations, consideration shall be given to the following: 

a.         Purpose of the Request.  The reason stated by the requesting Owner must be such that the Request can be considered to be made in good faith and for a proper purpose.  For purposes of this section, any Request which, on its face, appears to be made for purposes of commercial marketing, for direct sales campaigns, to financially benefit the owner making the Request, or which is made to annoy, harass, or oppress the Association or any Owner or Owners shall not be considered to be made for a “proper purpose.”  Likewise, a Request seeking information, the disclosure of which would constitute an unwarranted invasion of privacy (such as, for example, Owners’ or Board members’ social security numbers, their vital statistics, their bank account numbers, or other sensitive financial or personal data), shall not be considered made for a proper purpose. 

b.         Description of Materials Sought.  A Request shall state with reasonable particularity the records sought and their connection with the purpose identified as the reason for the Request.   For purposes of this section, for example, a Request seeking “all association documents” would not be a Request made with reasonable particularity.   However, a Request identifying specific classifications of documents (such as minutes, decisions, contracts, or policies) that is appropriately limited in time and scope (i.e., seeking records for a specific and pertinent time frame) shall be considered to have the required reasonable particularity.

c.         Relevance.  Finally, a Request shall seek only documents that are relevant to the stated purpose of the Request.  In determining whether the materials sought are relevant to the purposes identified in the Request, the Association’s managing agent, if applicable, or else the Association Secretary shall consider the nexus or link between the materials and the Owner’s stated purpose, as well as any further explanation provided by the requesting Owner.

5.         Production of Records for Inspection/Copying.

5.1       Production of Records.  When the requested records are readily available on the Association website, The Association may direct the requesting owner to that location for inspection/copying purposes.  If the requesting owner does not have internet access, the Association shall make the requested records available for inspection or copying within five business days of the Date of Request.  In the event that the Association determines some part of the Request is improper, it shall nevertheless produce such records as are responsive to the Request to the extent such Request is proper.   The Association shall generally identify any records it has elected to withhold in order to preserve the attorney-client privilege as contemplated by CCIOA, and in addition, it shall advise the requesting Owner if any part of the Request is rejected because the Association believes it seeks records for an improper purpose, or does not identify the records sought with reasonable particularity, or if the records sought are not deemed by the Association as relevant to the stated purpose.

5.2       Where Copies are Requested.  Where an Owner has requested photocopies of all records requested, the Association’s managing agent, if applicable, or otherwise the Association’s Secretary shall provide the requesting Owner with a good faith estimate of the approximate number of pages subject to the Request and shall identify the expected actual copying cost per page for which the Owner will be responsible.  Prior to any copies being made, the Association may at its election require the requesting Owner to prepay the estimated per page copying expense.   Once copies are made and the actual per page copying charges are ascertained, the Association shall credit any such prepayment toward the actual costs, and either collect any shortfall or refund any overage.  All copying shall be performed within five business days of the Date of Request.

5.3       Policies Related to Inspection.  Inspection of Association records may be accomplished by providing either “original” records or photocopies of such records.   Where “original” records are to be inspected, this process shall be supervised by any designee of the Association’s managing agent, if applicable, or otherwise by any designee of the Association’s Secretary.  No Owner shall remove any “original” record from the place of inspection, nor shall any Owner cause marks, notes, deletions or any other modification of “original” documents to be made during any inspection.  All inspections shall be scheduled to commence within five business days of the Date of Request.   Inspections shall occur during business hours and at the time and place designated by the Association.   Supervised inspections of “original” Association documents shall not exceed two hours in any single session.   Where the Association elects to make photocopies of documents available for inspection instead of originals, an Owner may inspect the same for up to five hours per business day.  During records inspections, an Owner may designate certain portions of the records for copying; in which case the policies related to copying specified in Section 5.2 shall apply from the time such records are designated.

5.4       Requests for Membership Lists.  Unless approved by the Board of Directors, an individual may not obtain a membership list for a purpose unrelated to a property owner’s interest as a property owner, such as; a.) Soliciting money or property b.) Any commercial purpose c.) Selling or purchasing the list.

6.         Required Records

            6.1       Permanent Records.    The following permanent records must be maintained indefinitely.

·         Minutes of all board and property owner meetings

·         All actions taken by the board or property owners by written ballot instead of holding a meeting

·         All actions taken by a committee on the behalf of the board instead of the board acting on behalf of the association; and

·         All waivers of the notice requirements for property owner meetings, board member meetings, or committee meetings.

6.2        Other Records.  Copies of the following records must be kept at the Association office.

·         Articles of incorporation

·         The Master Declaration

·         The Covenants

·         The Bylaws

·         Board resolutions affecting property owners

·         Minutes of all property owner meetings and records of any actions taken by property owners without a meeting in the past 3 years

·         All written communications within the last 3 years to property owners generally as property owners

·         A list of the names and business or home addresses of the current board and its officers

·         The most recent annual report, if any: and

·         All financial audits or reviews required by section 38-33.3-303(4) (b) conducted in the last 3 years.

           

7.         Other Rights of Inspection/Access to Association Records.

This Policy shall not impact, affect, or limit any Owner’s rights relative to access to, or inspection and copying of Association records as may exist under Colorado corporate statutes, in litigation proceedings involving the Association and an Owner, or the power of a Court of appropriate jurisdiction to compel production of records on proof by an owner of a proper purpose.

7.         Variances.

The Board may from time to time vary from the requirements set forth in this Policy if the Board determines in its sole discretion that such variance is reasonable under the circumstances.

8.         Amendment.

This Policy may be amended from time to time by the Board.

 

 

CERTIFICATION

The undersigned, being the duly elected and acting Secretary of the Glacier View Meadows Water and Sewer Association (the “Association”) certifies that the foregoing Policy Regarding Inspection and Copying of Association Records was approved by the vote of at least a majority of the Association’s Directors at a meeting of the Association’s Board of Directors held on ________________, 2006.

 

Dated this _______________, 2006.                         Glacier View Meadows Water and Sewer Association

 

 

 

                                                                        By:                                                                 

                                                                                    Secretary

 

 

REQUEST FOR INSPECTION / COPYING OF ASSOCIATION RECORDS

 

 

Association Member Name:                                                                      Date:                                

Address:                                                                                                                                             

Telephone #:                                                                                                                                       

 

I HEREBY REQUEST THAT GLACIER VIEW MEADOWS WATER AND SEWER ASSOCIATION (“ASSOCIATION”) PROVIDE ACCESS TO THE BOOKS AND RECORDS OF THE ASSOCIATION. 

 

I.          State the Purpose of the Request.                                                                                          

                                                                                                                                                           

                                                                                                                                                           

                                                                                                                                                           

 

II.        Describe with Reasonable Particularity the Books and Records Sought:                             

                                                                                                                                                           

                                                                                                                                                           

                                                                                                                                                           

 

III.       Type of Review:   (choose one)

 

[  ] I wish to review records at the Association’s location.

 

[  ] I wish to pay the Association’s actual cost for copies of the records I have requested.

 

IV.       Certification and Acknowledgement of Association Records Policies:  

 

I certify that my request to review the books and records of the Association is for a proper purpose related to my membership in the Association, and that this request is not for a commercial purpose or my personal financial benefit. 

 

I acknowledge and accept the Association’s Policy Regarding Inspection and Copying of Association Records, and agree that I have been provided with an opportunity to review that Policy.  I acknowledge and agree that the books and records will be made available to me in accordance with the Colorado Common Interest Ownership Act and only at such time and place as provided by the Association’s Policy.  I agree that I will be responsible for paying the Association’s actual cost per page for any records I wish to have copied, and that I may be required to prepay these costs before copies are provided.

 

Member Signature:                                                                                    Date: