SMOKY
HILL HOMEOWNERS ASSOCIATION
Records Inspection Policy
RECITALS:
A. Colorado Revised Statute 38-33.3-209.5(1)(b)(v)
provides that the Association shall adopt a policy for Members to inspect and
copy the Association's records.
B. The
intent of this policy is to generally define the types of records the
Association maintains, define the costs of copies, and provide a general
procedure for the Members to inspect and copy records; it is not the intent to
limit Members statutory remedies for record inspection.
The
Association’s statutory records (Statutory Records) shall consist of the
following:
a. Financial
records sufficiently detailed to enable the Association to establish the amount
of unpaid assessments, late fees, interest, fines and other legal charges for
each Lot subject to the Declaration;
b. Minutes
of meetings of the membership and minutes of meetings of the Board and
committees of the Board as well as records of all actions taken by the Lot
Owners or the Board by written ballot or written consent in lieu of a meeting
and any waivers of notice of meetings of the Lot Owners, the executive Board or
committees of the executive Board; and
c. Records
of the name and address of each Lot Owner within the Community as well as each
Lot Owners voting power as established by the Declaration. Pursuant to the Covenants, each Lot Owner is
entitled to one (1) vote per Lot.
In
addition to the Statutory Records, the Association shall maintain a copy of
each of the following at its principal office (Corporate Records):
d. Its
Articles of Incorporation;
e. Its
Bylaws;
f. Its
Declaration;
g. Resolutions adopted by the executive Board relating to the
Common Interest Community;
h. All written communication within the past three years to Unit
owners generally as Members;
i. A list of the names and business or home addresses of its
current directors and officers; and
j. A copy of its most recent financial statements, audits and
review for periods ending during the last three years.
A
Lot Owner, or a duly appointed representative, is entitled to inspect and copy
the Association's records during regular business hours at the Association's
principal office provided the Lot Owner delivers written notice to the
Association at least ten business days prior to the date the Lot Owner expects
to inspect and copy the records. The
Lot Owner must complete a Request for Inspection of Documents Form, a sample of
which is attached, stating the following:
a. describe
with reasonable particularity the records the Lot Owner wants to review; and
b. describe
with reasonable particularity the purpose the Lot Owner has to want to review
the statutory records.
The
Lot Owner's request to inspect and copy records must be made in good faith for
a purpose reasonably related to the Unit Owner's request. All requests to inspect or copy records,
other than Statutory Records or Corporate Records, shall be submitted for
approval to the Board or its designated agent or committee.
The
Association may charge a fee in advance for the estimated amount to copy the
records not to exceed the Association's actual cost per page including services
for copies of the Association's records (reasonably believed to be $0.25 per
page for materials and time). In the
event a Lot Owner's request will result in review and/or copying of voluminous
documents, the Association may break the inspection in to several sessions to
reasonably accommodate the staff at its principal office.
Careful
scrutiny will be employed by the Board for requests to review records
pertaining to other Lot Owners' accounts with the Association or matters that
may otherwise be confidential in nature or subject to specific privileges.
Many
documents, such as financial reports, corporate documents, budgets and meeting
minutes are posted on the Smoky Hill website at smokyhillhoa.net and may be
accessed and printed free.
Policy adopted this 13th day of December, 2005 by
Resolution of the Board of Directors.
_________________________________
Ron Weidmann, President
Smoky Hill Homeowners Association
SMOKY
HILL HOMEOWNERS ASSOCIATION
Request for Inspection of Documents
ALL ITEMS MUST BE COMPLETED.
IF ANY PORTION OF THE FORM IS LEFT
INCOMPLETE, IT MAY BE RETURNED TO YOU AND YOUR ABILITY TO REVIEW THE DOCUMENTS
WILL BE DELAYED
Date: _________________
Your Name:
_____________________________________________
Your Address:
____________________________________________
Your Telephone
Number: _________________________________
Information regarding document(s):
Identify
all documents you wish to review (please be as specific as possible including
all dates):
______________________________________________________________________________
What
is the purpose for which you would like to review these documents (please
provide as much detail as possible):
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Do
you wish to inspect the documents during normal business hours at the offices
of the Association’s agent: ____________________________________
If
the answer is “Yes,” please indicate at what times you are available to inspect
the documents and how long you anticipate such inspection*:
____________________________________________________________________________________________________________________________________________________________
If
the answer is “NO” please indicate how you would like to receive the documents:
________
Mail to the following address:
______________________________________________________________________________
________
Pick up. Please call when ready.
By
signing below I state that I am making my request to review the records in good
faith and for a proper purpose and that I will use such information consistent
with all applicable laws including, but not limited to, Colorado Revised
Statute Section 7-136-105. I
understand that I will be charged for all costs incurred in copying (at $0.25
per page)and delivering (including postage) any documents and that I may be
required to provide a deposit if the anticipated charges will exceed $10.00.
___________________________________ ______________________________
Date
*All requests
are subject to coordination with the custodian of the records.
Mail or fax request to Centennial Property Services, P.O. Box 461322, Centennial, Colorado 80046-1322, facsimile number 303-400-8482