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BLUE MESA RECREATION ASSOCIATION

AMENDED AND RESTATED

POLICY AND PROCEDURE

INSPECTION AND COPYING OF ASSOCIATION RECORDS

 

Effective January 1, 2013

 

The following Policy and Procedure has been adopted by the Board of Directors (“Board”) of Blue Mesa

Recreation Association (“Association”) pursuant to Colorado statutes (and in accordance with the Association’s Policy Regarding Adoption of Policies) for the Inspection and Copying of Association Records.  This policy, when effective, will amend and restate the previous Policy and Procedure Regarding Inspection of Records, effective August 17, 2013.

 

1.         Inspection of Association Books and Records by Members/Owners (“Members”).  Except as specifically limited or excluded by Paragraphs 3, 4 and 5 below, a Member or his/her authorized agent is entitled to inspect and copy, at the Member’s expense and during regular business hours at a reasonable location specified by the Association, any of the “Official Records of the Association” as set forth in the Association’s Policy and Procedure for the Maintenance and Retention of Association Records (“Association Records”).

 

2.         Written Request by Members.  Requests for inspection must be in writing, executed by the Member and delivered to the Association’s manager at least ten (10) calendar days before the date on which the member wishes to inspect and copy any of the Association Records.

 

 

(a)        The written request must reasonably describe the Association Records he or she is seeking to inspect and/or copy.

 

(b)        For purposes of this inspection and copying, a Member may also designate, in writing, an individual to act as his or her duly-authorized agent.

 

3.         General Exclusions.  The following Association Records and documents will be kept confidential

by the Association:

 

(a)        Personnel, salary, or medical records relating to specific individuals;

 

(b)        Personal identification and account information of members, including bank account information, telephone numbers, electronic mail addresses, driver’s license numbers, and social security numbers;

 

(c)        Architectural drawings, plans, and designs, unless released upon the written consent of the legal owners of the drawings, plans, or designs;

 

(d)        Contracts, leases, bids or records related to transactions to purchase or provide goods or services that are currently in or under negotiations;

 

(e)        Records of an executive session of the Board (including, but not limited to, any minutes);

 

(f)         Records relating to or concerning individual units other than those of the requesting owner; and

 

(g)        Disclosure of information in violation of local, state or federal law.

 

4.         Attorney-Client Confidential Documents.  In order to protect the attorney/client privilege

existent between the Association and its attorneys, all attorney-created work product, including, but without limitation:  (i) letters, emails and other written correspondence between the Association’s legal counsel and one or more Board Members; (ii) memos, (iii) opinion letters; (iv) draft documents prepared at the behest of the Board; and (v) information related to a dispute with an owner, are not available for the inspection or copying by any Member or his/her authorized agent.

 

5.         Use of Membership Lists.  Use of Membership Lists are limited as follows, and any violation of

this Paragraph 5 shall be considered a Covenant Violation, subject to the provisions of the Association’s Enforcement Policy:

 

(a)        A Member, a Member’s duly authorized agent, and any other person may only obtain and use the Association’s membership list (with the necessary items redacted as provided in this Policy) for a purpose solely related to a Member’s interest solely as a unit owner.

 

(b)        The membership list may not be used to solicit money or property from owners unless that money or property is used solely to solicit the votes of the unit owners in an election to be held by the Association.

 

(c)        A membership list may not be used for any commercial purpose.

 

(d)        A membership list may not be sold to or purchased by any person.

 

6.         Copy and other Document Fees.  The Association will impose a reasonable charge, covering the estimated costs of assembling, producing, and copying the requested Association Records it provides to a Member (including staff time).  The Member shall pay this fee at the time he or she inspects the Association records.  Additionally, if a Member requests a copy of an Association document which must be retrieved from archives, compiled, generated, certified or authenticated in any way, the Member is responsible for all fees and costs incurred in the retrieval, compilation, generation, certification or authentication and reproduction of the requested document(s), including but not limited to labor, materials, and postage or other delivery charges.

 

 

SECRETARY’S CERTIFICATION:  The undersigned, being the Secretary of Blue Mesa Recreation Association, certifies that the foregoing Policy and Procedure was adopted by the Executive Board of the Association at a duly convened meeting, open to the members to attend, on August 17, 2013, and does entirely replace the Policy in effect.

 

BLUE MESA RECREATION ASSOCIATION

 

 

 

By:  Original signed by Nancy Bowlin

       Secretary