Castle Pines North Master Association
Inspection and Copying of Association Records
Adopted December 8, 2005
The following policy has been adopted by the Castle Pines North Association, Inc. (“Association”), which is commonly known as the Castle Pines North Master Association, pursuant to the provisions of C.R.S. 38-33.3-209.5, at a regular meeting of the Board of Directors.
Purpose: To establish uniform procedures for the inspection and copying of Association records by Owners; and to establish the cost of copying Association records.
WHEREAS, The Colorado Common Interest Ownership Act, in C.R.S. 38-33.3-317 gives all Owners the right to examine and copy the financial and other records of the Association for a proper purpose.
NOW, THEREFORE, IT IS RESOLVED that the Association does hereby adopt the following policy governing the inspection and copying of Association records:
1. Keeping Records. The Association shall keep financial and other records according to its Record Retention Policy. These records shall be made available to Owners for inspection and copying according to the provisions described herein.
2. Availability of Records. Association records shall be available for inspection through the Association office by appointment. In addition, the Association has chosen to make certain documents and records available on its web site. Owners are encouraged to check the web site for immediate access to frequently requested records and documents. Records are available on the web site for an Owner’s self-service copying at no cost. The list of documents, records and disclosures on the web site is detailed in the Record Retention Policy; a detailed index is also available on the web site. The Association Web site is: www.cpnhoa.org
3. Record Inspection. Many records are immediately available on the Association web site. Records are also available for inspection through the Association office. To schedule record inspection at the Association office an Owner, or the Owner’s representative, must send a Record Inspection Request.
4. Record Inspection Request. In order for the Association to have the desired books, records and personnel available, a written Record Inspection Request must be submitted to the Association with notice of at least five (5) business days prior to the planned inspection. The Record Inspection Request must describe with reasonable particularity which records are to be inspected and the purpose of the inspection.
a. Information required for Record Inspection Request:
Owner’s contact information: Name, address, phone number, email address
Date requested for inspection: (at least 5 business days notice)
Purpose of record inspection:
Records requested:
b. Send Record Inspection Requests to the Association:
i. By mail to the Association’s mailing address:
CPN Master Association 7402 Yorkshire Dr. Castle Rock, CO 80108
ii. By e-mail: admin@cpnhoa.org
iii. Fax: 303-482-3078
c. Confirmation of Record Inspection Request: Owners who have submitted a Record Inspection Request will be contacted by the Association Office to confirm the request and schedule an appointment. If you have not received confirmation from the office within 2 business days, please contact the office. Incomplete, or unclear, Record Inspection Requests may result in delays providing the information.
5. Association Office. The Association does not have a full-time office staff nor an outside management company; it is operated by an independent team of part-time contractors. The Association does not maintain regular business hours at a public office location. Appointments may be made by contacting the Association. Record inspection at the association office shall be by appointment only, at the principal office of the Association located at The CPN Community Center, 7402 Yorkshire Drive, Castle Rock, CO 80108 between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday.
6. Board Discretion. At the discretion of the Board of Directors, certain records may only be inspected in the presence of a Board member or another person designated by the Board of Directors. No records may be removed from the office without the express written consent of the Board of Directors. Further, in order to fulfill an Owner’s record inspection request, the Association may photocopy and provide the requested records to the Owner in lieu of the Owner’s inspection of the records if consented to by the Owner.
7. Copying Records. Records on the Association web site are available for self-service copying; the Association does not charge for self-service copies. The Association may charge a fee, not to exceed the Association’s actual cost for copies of records provided by the Association office.
(a) Self-service copies: Many records are immediately available on the Association web site; self-service copies may be made by the Owner.
(b) Association Provided Copies: Copy requests are reviewed on a case-by-case basis. The Association may choose to fulfill a request for copies through a professional copy service. The choice of professional copy service shall be mutually agreed to by both the Association and the requesting Owner. The Owner shall be required to make arrangements for payment and pickup or delivery of the copies. The time to process a copy request shall include five (5) business days for Association preparation, which is in addition to the copy service’s processing time.
8. Written Consent. Consistent with individual Owners’ right to privacy, attorney-client confidentiality, and other considerations, the following records will not be made available without the express written consent of the Board of Directors:
A. Confidential personnel records.
B. Confidential litigation files and matters covering consultation with legal counsel concerning disputes that are subject of pending or imminent court proceedings or are privileged or confidential between attorney and client.
C. Files dealing with investigative proceedings concerning possible or actual criminal misconduct.
D. Any matter the disclosure of which would constitute an unwarranted invasion of individual privacy.
E. Inter-office memoranda, preliminary data, working papers and drafts, and general information or investigations which have not been formally approved by the Board of Directors.
F. Owner’s phone numbers and e-mail addresses.
9. Review of Inspection Request. In determining whether records may be inspected, the Association shall consider among other things:
A. Whether the request is made in good faith and for a proper purpose. A proper purpose means a purpose reasonably related to the Owner’s interest as an Owner.
B. Whether the records requested are relevant to the purpose of the request;
C. Whether disclosure is for an illegal or improper purpose, or would violate a constitutional or statutory provision or public policy; and
D. Whether disclosure may result in an invasion of personal privacy, breach of confidence or privileged information as set forth above.
10. The Association reserves the right to pursue any individual for damages or injunctive relief or both, including reasonable attorneys fees, for abuse of these rights, including, but not limited to, use of any records for a purpose other than what is stated in the Notice of Intent to Inspect.
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