January 2008
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CONTENTS
Top 3 New Year Resolutions for Homeowners
Top 3 New Year Resolutions for Association Boards
To Inform or Not to Inform - That is the Question
Checklist for Annual Disclosures as Required by CCIOA
Checklist for Annual Disclosures as Required by CCIOA

The Colorado Common Interest Ownership Act (CCIOA) requires associations to make annual disclosures within 90 days after the end of each fiscal year.  Since the fiscal year for most associations ends on December 31st, associations with a fiscal year ending on that date should start planning to make the following required disclosures by no later than March 30, 2008:

 

ü      Name of the association;

ü      Name of the association’s designated agent or management company, if any;

ü      Valid physical address and telephone number for both the association and designated agent or management company, if any;

ü      Name of the common interest community;

ü      The initial date of the recording of the declaration and the reception number or book and page for the main document that constitutes the declaration;

ü      The date on which the association's fiscal year commences;

ü      The association's operating budget for the current fiscal year;

ü      A list, by type, of the association's current assessments – including regular and special assessments;

ü      The association's annual financial statements, including any amounts held in reserve for the fiscal year immediately preceding the annual disclosure;

ü      The results of the association's most recent available financial audit or review;

ü      A list of all association insurance policies, including, but not limited to property, general liability, association director and officer professional liability, and fidelity policies.  This list must also include the company names, policy limits, policy deductibles, additional named insureds, and expiration dates of the policies listed.

ü      The association's Bylaws, Articles of Incorporation, Rules & Regulations

ü      The Minutes of the Executive Board and Membership Meetings for the fiscal year immediately preceding the current annual disclosure;

ü      The association's Responsible Governance Policies adopted pursuant to section 38-33.3-209.5 of CCIOA.

 

 Associations are required to make the information outlined above available at no cost to unit owners at their convenience.  This can be done by one of the following means:

 

  1. Posting on an internet web page with accompanying notice of the web address sent via first-class mail or email to all owners;
  2. The maintenance of a literature table or binder at the association's principal place of business; or
  3. Mail or personal delivery to all owners.   

The costs associated with these methods of delivery and making the disclosures available shall be accounted for as a common expense liability of the association.


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These materials have been prepared by HindmanSanchez P.C. for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Please do not send us confidential information until you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact Loura Sanchez.
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Additional Resources:  The Community Associations Institute (CAI) is a nonprofit organization that provides education and resources to community associations. To find out more about CAI visit www.caionline.org
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