rickandcindy23 said:
So I am going to bump it to the top.
What I dislike about HOA boards is that they sit above the rest, all high and mighty, and keep information from the peons. Now I am on the board at the timeshare that I have the most issues with (we own at five different resorts now), and I am still unable to affect change.
They looked just a little too hard to find an attorney that would say not to give an owners' roster to anyone. It is just common sense that owners should be able to have contact.
RickandCindy,
I have a math and engineering background. I love to go straight to the source.
Disclaimer: Keep in mind that I have no legal training and am not qualified to make any legal direction...but I can read
. These statutes are not rocket science.
The following Colorado law is found under the Colorado non-profit Title 7 (Corporations and Associations) Non-Profit Corporations Article 136.
Here's a URL for those who may think that I've made this up
Colorado Statutes
Code:
7-136-102. Inspection of corporate records by members.
Statute text
(1) A member is entitled to inspect and copy, during regular business hours
at the nonprofit corporation's principal office, any of the records of the
nonprofit corporation described in section 7-136-101 (5) if the member gives
the nonprofit corporation written demand at least five business days before
the date on which the member wishes to inspect and copy such records.
(2) Pursuant to subsection (5) of this section, a member is entitled to
inspect and copy, during regular business hours at a reasonable location
stated by the nonprofit corporation, any of the other records of the nonprofit
corporation if the member meets the requirements of subsection (3) of this
section and gives the nonprofit corporation written demand at least five
business days before the date on which the member wishes to inspect and
copy such records.
(3) A member may inspect and copy the records described in subsection (2)
of this section only if:
(a) The member has been a member for at least three months immediately
preceding the demand to inspect or copy or is a member holding at least five
percent of the voting power as of the date the demand is made;
(b) The demand is made in good faith and for a proper purpose;
(c) The member describes with reasonable particularity the purpose and the
records the member desires to inspect; and
(d) The records are directly connected with the described purpose.
(4) For purposes of this section:
(a) "Member" includes a beneficial owner whose membership interest is held in
a voting trust and any other beneficial owner of a membership interest who
establishes beneficial ownership.
(b) "Proper purpose" means a purpose reasonably related to the demanding
member's interest as a member.
(5) The right of inspection granted by this section may not be abolished or
limited by the articles of incorporation or bylaws.
Since this references 7-136-101 I've copied it below:
Code:
7-136-101. Corporate records.
Statute text
(1) A nonprofit corporation shall keep as permanent records minutes of all
meetings of its members and board of directors, a record of all actions taken
by the members or board of directors without a meeting, a record of all
actions taken by a committee of the board of directors in place of the board
of directors on behalf of the nonprofit corporation, and a record of all waivers
of notices of meetings of members and of the board of directors or any
committee of the board of directors.
(2) A nonprofit corporation shall maintain appropriate accounting records.
(3) A nonprofit corporation or its agent shall maintain a record of its members
in a form that permits preparation of a list of the name and address of all
members in alphabetical order, by class, showing the number of votes each
member is entitled to vote.
(4) A nonprofit corporation shall maintain its records in written form or in
another form capable of conversion into written form within a reasonable time.
(5) A nonprofit corporation shall keep a copy of each of the following records
at its principal office:
(a) Its articles of incorporation;
(b) Its bylaws;
(c) Resolutions adopted by its board of directors relating to the
characteristics, qualifications, rights, limitations, and obligations of members
or any class or category of members;
(d) The minutes of all members' meetings, and records of all action taken by
members without a meeting, for the past three years;
(e) All written communications within the past three years to members
generally as members;
(f) A list of the names and business or home addresses of its current
directors and officers;
(g) A copy of its most recent annual report pursuant to part 5 of article 90 of
this title; and
(h) All financial statements prepared for periods ending during the last three
years that a member could have requested under section 7-136-106.
If you notice, 7-136-102 (1) provides a member the right to obtain the records described by 7-136-101 (5). While it's true that the member list is not contained within 7-136-101 (5), 7-136-102 (2) provides a member access to
any of the other records described in the entire section of 7-136-101, if they meet the requirements of 7-136-102 (3).
7-136-102 (3) simply says that the member must have been a member for at least 3 months;the demand is in good faith for a proper purpose;the member describes the reason for inspection; and finally that the records are directly connected to the purpose described by the member.
Most people who carefully read these statues would come to the conclusion that the corporation is
supposed to provide the member list to a requesting member who meets the criteria. The statute doesn't suggest that if a corporation is concerned with privacy they can withhold the member list.
Also, notice that the statute specifically states that the corporation may not limit or abolish these rights in their bylaws...in other words, even if this right isn't contained in the bylaws, the corporation must abide by the state statutes.
I am personally going to continue to pursue this matter. It's my right as a member of a non-profit corporation.
If you feel strongly about this, perhaps you should ask for your own legal advice.
--Jay
