CCIOA Section 317 requires that Colorado HOAs retain and produce certain HOA documents to homeowners who fill out a form or otherwise follow a due process request. The HOA could charge, under certain circumstances, a fee for production of paper documents. But, a homeowner may also elect to have documents sent digitally, theoretically avoiding printing fees.
In the most recent request to the POHOA Board, I have requested copies of the proxies submitted for the 12/5/23 and 3/19/24 elections. Historically speaking, we have had between 20-30 members (out of 87) vote by proxy, with Director and Secretary Walker Flanary often holding most or all of them.
On 3/29/24, I sent a Document Request that Secretary Flanary decided not to pick up from the Post Office until 5 business days later – even though the tracking a notice that it was waiting for him was sent multiple times during that wait.
When he finally picked it up, he responded by saying that in order to see the proxies, he was demanding $300, and that he claimed to have a right to redact information on them. The redaction claim is spurious as our Proxy Forms hold no private contact information (such as phone numbers or email addresses), and the name and address information is actually one of the types of information that CCIOA Section 317 is required for an HOA to produce to any homeowner who requests it.
Since we are talking about $300 to produce no more than 60 pieces of paper (or simply view them or copy them myself), and they could easily be fed into a feed copier and turned into a single pdf that could be emailed, the concept that this fee is “reasonable” could easily be challenged.
And, since the cost to perform such a challenge in Small Claims Court (now open per HB22-1137 for such claims) is only $31, and the HOA has an incentive to avoid $50/day statutory penalties for not producing the documents, stand-offs like this are hard to understand. I wrote to Secretary Flanary today to express that it appears he is putting his personal interest above the interest of the HOA, which is to say that he’s not performing his fiduciary duty in good faith.
To be transparent, I am posting the full thread of communications with Secretary Flanary here for consideration among the POHOA Homeowners. An offer to pay $25 or less for printed copies, if a digital copy cannot produced for an explicitly stated reason, has been tendered.
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Bravo to you Andy for continuing to hold the line on these feifdoms that are modern HOAs. I placed a request to mine following all due process rules and we are into the $500 /max fines I am about to file to collect. They’d been advised that since I am in litigation against them (expressly allowed in the covenants), they can ignore CCIOA law.
That is a rather odd legal opinion! I know that most Boards are told to shut down communication, the problem is that without communication, there’s no DISPUTE RESOLUTION. The HOA Attorneys are too often focused on “winning”, which leads to choices that aren’t anything to do with actually resolving a dispute.
I’m curious: What are the documents you are seeking, and why do they want to keep them hidden?