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legalgems
legalgems, Arbitrator
Category: Real Estate Law
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Are Colorado HOA Boards bound by the Colorado Sunshine Law?

Customer Question

Are Colorado HOA Boards bound by the Colorado Sunshine Law?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Colorado
JA: Has any paperwork been filed?
Customer: Yes they have article of incorporation
JA: Anything else you want the lawyer to know before I connect you?
Customer: I ask because two or more members of the Board have meet in private to discuss Board Business without the Board approval.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  legalgems replied 9 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 9 months ago.

The sunshine laws apply to governmental agencies - please see here

One moment please.

Expert:  legalgems replied 9 months ago.

Please see here

http://www.ccioa.org/ccioa-statute/38-33-3-308-meetings/

For statute 38-33.3-308

This essentially requires HOA meetings to be open, or in very limited circumstances, closed.

Expert:  legalgems replied 9 months ago.

Specifically:

(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.

Expert:  legalgems replied 9 months ago.

The reason for this is that transparency is essential to the public interest and to safeguard the interest of the homeowners.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 9 months ago.
Not Satisfied that my questions were answered to my satisfaction
Expert:  legalgems replied 9 months ago.

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.

If you have questions on the above please post them here and I will do my best to get you this information. Otherwise kindly rate positively if you feel I have earned it, as customer satisfaction scores allow me to remain in good standing on the site, and also allows the site to credit my account for time spent getting this information for you. Thank you!