With the passage of SB100, Colorado statues now require that every Homeowners Association (HOA) in the state deliver at least annually, within 90 days following the end of each fiscal year, the following information to all owners upon reasonable notice:
- The date upon which the fiscal year commences and the operating budget for the current fiscal year.
- A list, by unit type of the owner’s current assessment, including both regular and special assessments.
- Its annual financial statements, the results of any audits, and a list of all Association insurance policies.
- The Association’s bylaws, articles, and rules and regulations.
- All minutes of the executive board and member meetings for the fiscal year preceding the current annual disclosure.
- The Association’s responsible governance policies
This information must be readily available at no cost to the owners at their convenience. Availability means it may be published on a web page as long as an accompanying notice is sent via first class or e-mail; it can be maintained as part of literature table or binder at the Association’s place of business; or it may be mailed or personally delivered to the homeowners. The cost of any distribution is to be accounted for as a common expense liability.
Home Buyer Disclosure by Seller
SB 100 states that, except in the case of a foreclosure sale, the seller of a property in a common-interest community must mail or deliver to the purchaser the most current copies of the following documents:
- the bylaws and rules on the Association;
- the covenants;
- the Association’s operating budget;
- the declaration;
- the association’s annual income and expenditures statement;
- minutes from the most recent annual owner’s meeting and any executive board meetings that occurred within the six months immediately preceding the title deadline; and
- the Association’s balance sheet.
This law requires the seller to provide the outlined HOA information to the buyer by title deadline, or, in the case of a for sale by owner, no later than 10 days prior to closing.
The new law states also that “written notice of any unsatisfactory provision in any of the documents listed above shall be cause for termination of the contract, if signed by the buyer or on the buyer’s behalf and given to the seller on or before the governing documents deadline.” Time share units are not included in these requirements.
The association must use its best efforts to accommodate a seller request for documents. The Association may charge a reasonable fee, not to exceed the Associations actual cost per page, and must make documents available within 5 days of receipt of notice.
Disclosure Documents/ Receipt of Documents
Additionally, the seller must provide the buyer with a disclosure statement in bold-faced type. It is the seller’s responsibility to obtain from the purchaser a signed acknowledgement of receipt of this information and disclosure statement at closing. This signed form must also be sent to the HOA in a reasonable time frame.