Town & Country Village

Policy regarding Access to Association Records

RESOLUTION

NOTICE: This document is for reference purposes only.



RESOLUTION

Policy Regarding Access to Association Records
(Adopted January 19, 1995)

WHEREAS, Colorado law allows inspection of the Association's books and records by any member or his agent for any proper purpose at any reasonable time, and the Association desires to establish reasonable procedures for inspections of books and records.

NOW THEREFORE, BE IT RESOLVED, that the Association adopts the following policy for access to Association records:

1. The Association's Bylaws, Article XI, Books and Records, provide that:

ARTICLE XI
BOOKS AND RECORDS

The Association shall make available to Owners, First Mortgagees of Lots, and insurers or guarantors of any such First Mortgage, current copies of the Declaration, Articles of Incorporation, these Bylaws, the rules and regulations, books, records and financial statements of the Association. "Available" shall mean available for inspection, upon request, during normal weekday hours or under other reasonable circumstances.

2. So the Association can have the desired books, records, and personnel available, a written Notice of Intent or Request to Inspect Association Records must be submitted to the Association's Manager at least 7 business days prior to the planned inspection. The Notice must specify which records are to be inspected and the specific purpose of the inspection.

3. All records shall be inspected at the office of the Association's Manager, or authorized agent.

4. Records may be inspected between the hours of 9a.m. and 5 p.m., Monday through Friday (Holidays excluded).

5. At the discretion of the Association's Manager, or the Board of Directors, certain records may only be inspected in the presence of a Board member or an employee of the Manager. No records may be removed from the office without the express written consent of the Board of Directors. No photocopies of records, other than those specifically stated in item 1of the document, shall be allowed without the advance permission of the Board of Directors.

6. All costs of inspection and any authorized photocopies will be paid in advance by the person requesting them.

7. Consistent with an individual member's right to privacy, attorney-client confidentiality and other considerations, the following records will not be made available without the prior express written consent of the Board of Directors:

A. Confidential personnel records.

B. Confidential litigation files.

C. 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.

D. Specific information regarding another homeowners' individual payment records; individual homeowners' phone numbers, employment information; correspondence or information specifically pertaining to another homeowner's business with the Association, unless the homeowner has approved the release of the same in writing.

E. Minutes of confidential Executive Sessions.


8. In determining whether records may be inspected, or copied the Association shall consider among other things:

A. Whether the request is made, in good faith, to ascertain the condition of the corporation;

B. Whether the inspection is for an illegal or improper purpose, or for a purpose other than that stated in the Notice of Intent or Request to Inspect;

C. Whether an inspector has improperly used information secured through a previous inspection of the records;

D. Whether disclosure would violate a constitutional or statutory provision or public policy;

E. Whether disclosure may result in an invasion of personal privacy, breach of confidence or privileged information;

F. Whether disclosure would unreasonably interfere with or improperly disrupt the operation of the Association; and

G. Whether inspection results in a private harm or damage that outweighs the right to access.

The Association reserves the right to pursue any individual for damages or injunctive relief or both, including reasonable attorney fees and costs, for abuse of these rights, including, but not limited to, the use of any records for a purpose other than which is stated in the Notice of Intent to Inspect or Request to Inspect.

Adopted by the Board of Directors this 19th day of January 1995.