SarahS5 (Colorado)
Posts: 3
Posts: 3
Posted:
I have looked high and low, question when a Board member is up for re-election, should he not get re-elected, can he still keep his Board packets?
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Term expired and My Board packets
Started by SarahS5 • 4 replies • 1444 views
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TimB4 (Tennessee)
Posts: 21,047
Posts: 21,047
Posted:
Please define what you are calling board packets?
SarahS5 (Colorado)
Posts: 3
Posts: 3
Posted:
The packets given to each Board member prior to the Board meeting each month that has COPIES of minutes/financials/coorespondence, etc. Then each Board member generally will make notes in his packet on what took place and items voted on.
TimB4 (Tennessee)
Posts: 21,047
Posts: 21,047
Posted:
Since the CCIOA, 38-33.3-308(2), says that all meetings of the Board are to be open and since it's typical that anyone attending is given a meeting packet, I would say that there would be nothing confidential within the packet (or else that would be executive session) and the old board member should be allowed to keep them.
Even if the board is insisting that the documents be returned, they have no way to prevent a copy from being made and kept.
However, any "records" of the Association should be returned and passed on to the new Director/Officer who would have responsibility for them.
Hope this helps,
Tim
Even if the board is insisting that the documents be returned, they have no way to prevent a copy from being made and kept.
However, any "records" of the Association should be returned and passed on to the new Director/Officer who would have responsibility for them.
Hope this helps,
Tim
JimH16 (Colorado)
Posts: 1
Posts: 1
Posted:
Yes, they can keep the Board packets, unless there is a specific provision in the governing docs that would disallow this (which would be unlikely, especially in Colorado).
Any member has the right to inspect those records anyway, so there really is no issue, since any provision the HOA might impose would almost certainly be in conflict with the re rods inspection clause of CCIOA and Associations may not impose policies that restrict rights granted by CCIOA, though many try.
Any member has the right to inspect those records anyway, so there really is no issue, since any provision the HOA might impose would almost certainly be in conflict with the re rods inspection clause of CCIOA and Associations may not impose policies that restrict rights granted by CCIOA, though many try.
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