Skyland Community Association Crested Butte Colorado

SUBJECT: Adoption of a policy and procedure for the inspection and copying of Association records by Owners and retention of Association permanent records.

PURPOSE: To adopt a policy regarding an Owner’s right to inspect and copy Association records and identification of records to be permanently retained by the Association. To adopt a standard procedure to be followed when an Owner chooses to inspect or copy Association records.

AUTHORITY: The Declaration, Articles of Incorporation and Bylaws of the Association and Colorado law.

RESOLUTION: The Association hereby adopts the following policy and procedure:

1. The Association shall permanently retain the following records as required by Colorado law:

• All actions taken by the Board or unit Owners by written ballot in lieu of 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 owners’ meetings, Board member meetings, or committee meetings.

2. Inspection/Copying Association Records. An Owner or his/her authorized agent is entitled to inspect and copy any of the books and records of the Association, subject to the exclusions, conditions and requirements set forth below:

(a) The inspection and/or copying of the records of the Association shall be at the Owner’s expense, which may be collected by the Association in advance;

(b) The inspection and/or copying of the records of the Association shall be conducted by appointment during the hours of 9:00 a.m. to 4:00 p.m. at 350 Country Club Drive, Suite 112A, Crested Butte, Colorado, 81224;

(c) The Owner shall give the Association’s Manager a written demand, stating the purpose for which the inspection and/or copying is sought. The Association shall make the requested records available within five business days of the Owner’s request; and

(d) The Owner shall complete and sign the Agreement Regarding Inspection of Association Records prior to the inspection and copying of any Association record. A copy of the Agreement is attached to this Policy. Failure to properly complete or sign the Agreement shall be valid grounds for denying an Owner the right to inspect and/or copy any record of the Association.

3. Proper Purpose/Limitation. Association records, including membership lists, shall not be used by any Owner for:

(b) The purpose of soliciting money or property unless such money or property will be used solely to solicit the votes of the Owners in an election to be held by the Association;

(d) For the purpose of giving, selling, or distributing such Association records to any person; or

4. Exclusions. The following records shall NOT be available for inspection and/or copying as they are deemed confidential:

(a) Attorney-client privileged documents and records, unless the Board decides to disclose such communications at an open meeting;

(b) Any documents that are confidential under constitutional, statutory or judicially imposed requirements; and

(c) Any documents, or information contained in such documents, disclosure of which would constitute an unwarranted invasion of individual privacy, including but not limited to social security numbers, dates of birth, personal bank account or credit information, and driver’s license numbers.

5. Fees/Costs. Any Owner requesting copies of Association records shall be responsible for all actual costs incurred by the Association, including the cost to search, retrieve, and copy the record(s) requested. Such costs shall be charged at $20.00 per hour for employee time and $.10 per page for copies. The Association shall require a $50.00 deposit for large copy requests. Failure to pay such deposit shall be valid grounds for denying an Owner copies of such records. If after payment of the deposit it is determined that the actual cost was more than the deposit, Owner shall pay such amount prior to delivery of the copies. If after payment of the deposit it is determined that the actual cost was less than the deposit, the difference shall be returned to the Owner with the copies. There shall be no cost to any Owner accessing records which are required to be disclosed by Colorado law at no cost to Owners.

6. Inspection. The Association reserves the right to have a third party present to observe during any inspection of record by an Owner or the Owner’s representative.

7. Original. No Owner shall remove any original book or record of the Association from the place of inspection nor shall any Owner alter, destroy or mark in any manner, any original book or record of the Association.

8. Creation of Records. Nothing contained in this Policy shall be construed to require the Association to create records that do not exist or compile records in a particular format or order.

9. Definitions. Unless otherwise defined in this Resolution, initially capitalized or terms defined in the Declaration shall have the same meaning herein.

10. Supplement to Law. The provisions of this Resolution shall be in addition to and in supplement of the terms and provisions of the Declaration and the law of the State of Colorado governing the Project.

11. Deviations. The Board may deviate from the procedures set forth in this Resolution if in its sole discretion such deviation is reasonable under the circumstances.

12. Amendment. This policy may be amended from time to time by the Board of Directors.

CERTIFICATION: The undersigned, being the President of the Skyland Community Association, a Colorado nonprofit corporation, certifies that the foregoing Resolution was adopted by the Board of Directors of the Association, at a duly called and held meeting of the Board of Directors on ________________________ and in witness thereof, the undersigned has subscribed his name.

AGREEMENT REGARDING INSPECTION AND COPYING OF RECORDS

OF SKYLAND COMMUNITY ASSOCIATION

I have requested to inspect and/or obtain copies of the following records of the Skyland Community Association (be as specific as possible):

The records shall be used for the following purpose(s) only:

I understand that under Colorado law, Association records, including membership lists, may not be obtained or used for any purpose unrelated to my interest(s) as an Owner. I further understand and agree that without limiting the generality of the foregoing, Association records may not be:

(A) used to solicit money or property unless such money or property will be used solely to solicit the votes of the Owners in an election held by the Association;

(B) used for any commercial purpose;

(D) any other purpose prohibited by law; or

(E) any purpose not related to the reason specified in this Agreement.

In the event any document requested is used for an improper purpose or purpose other than that stated above, I will be responsible for any and all damages, penalties and costs incurred by the Association, including attorney fees resulting from such improper use. I will additionally be subject to any and all enforcement procedures available to the Association through its governing documents and Colorado law.

Understood and agreed to by:

Date:

Homeowner

Date:

Homeowner

Address