Colorado H.B. 12-1237 (the HOA records bill) To Go Into Effect January 1, 2013

by Tia Zavaras ColoradoConstruction Case Law & StatutesHomeowner Associations

June 29, 2012

More than 30 bills died in our last legislative session but H.B. 1237 wasn’t one of them. Not nearly as controversial as civil unions, H.B. 1237 enjoyed bipartisan support in our legislature, with some amendments and receive Governor Hickenlooper’s signature on May 29, 2012.  The provisions in the bill go into effect January 1, 2013.

The purpose of the bill is to address the definition, retention and production of homeowner association documents. H.B. 1237 also removes the requirement for homeowners to state a “proper purpose” before they can obtain access to the association records. H.B. 1237 clarifies what constitutes a record and which records must be disclosed upon request. The highlights:

The bill clarifies documents or information that is considered “records” of the association. Some are:

  • Records of claims for construction defects ;
  • Written communications among and the votes cast by, executive board members that are taken by a board without a meeting; and
  • Current written contracts for work performed for the Association with the last two years.
  • Email addresses of current board members must be produced. The bill also clarifies how membership lists of associations may be disclosed and the purpose in which they may be used.

H.B. 1237 is a hint of what may be coming in next year’s legislative session. The sentiment among those involved in seeing H.B. 1237  through is that we can expect to see the introduction of more legislation to regulate homeowners associations and more importantly, expect to see legislation that provides for enforcement and penalties when associations fail to comply with the Colorado Common Interest Ownership Act (“CCIOA”).