Real Estate Law
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The sunshine laws apply to governmental agencies - please see here
One moment please.
Please see here
For statute 38-33.3-308
This essentially requires HOA meetings to be open, or in very limited circumstances, closed.
(3) The members of the executive board or any committee thereof may hold an executive or closed door session and may restrict attendance to executive board members and such other persons requested by the executive board during a regular or specially announced meeting or a part thereof. The matters to be discussed at such an executive session shall include only matters enumerated in paragraphs (a) to (f) of subsection (4) of this section.(4) Matters for discussion by an executive or closed session are limited to:
(a) Matters pertaining to employees of the association or the managing agent’s contract or involving the employment, promotion, discipline, or dismissal of an officer, agent, or employee of the association;(b) Consultation with legal counsel concerning disputes that are the subject of pending or imminent court proceedings or matters that are privileged or confidential between attorney and client;(c) Investigative proceedings concerning possible or actual criminal misconduct;(d) Matters subject to specific constitutional, statutory, or judicially imposed requirements protecting particular proceedings or matters from public disclosure;(e) Any matter the disclosure of which would constitute an unwarranted invasion of individual privacy;(f) Review of or discussion relating to any written or oral communication from legal counsel.
The reason for this is that transparency is essential to the public interest and to safeguard the interest of the homeowners.
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Thank you for that follow up;
what specific questions did you have?
in reviewing the question:
Are Colorado HOA Boards bound by the Colorado Sunshine Law?
I believe the information was provided- that the Sunshine Law only applies to government, not private associatoins, but that the cited statute has the same effect on private organizations-requiring open meetings, and forbidding closed meetings, so that if 2 board members conducted business without proper procedure, that is a violation.
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