Association Records that cannot be Produced or Inspected

Many of you are likely aware of the laundry list of records that must or may be produced to an owner requesting them.  I’d like to focus on those records that an association cannot produce or provide for inspection to an owner requesting them, since accidental production of these documents can create a tremendous amount of liability for an association. This assumes, of course, that an association is subject to the section 317 of the Colorado Common Interest Ownership Act. If not, the terms of the Colorado Non-Profit Corporation Act apply.

Records that cannot be produced/ provided for inspection include the following:

• Personnel, salary, or medical records relating to a specific individual
• Personal identification and account information of members and residents, including bank account information, telephone numbers, electronic mail addresses, driver’s license numbers, and social security numbers. However, a specific owner’s e-mail address and/or telephone number can be produced if the owner provides the association with written authorization to do so.

Feel free to contact The Dupont Law Firm if you are uncertain as to whether your association’s records policy is in compliance with Colorado law.