(3.5) Records maintained by an association are not subject to inspection and copying, and they must be withheld, to the extent that they are or concern:
(4.5) If the association fails to allow inspection or copying of records in accordance with this section within thirty calendar days after receipt of a written request submitted by certified mail, return receipt requested, and payment of any fees required pursuant to subsection (4) of this section, the association is liable for penalties in the amount of fifty dollars per day, commencing on the eleventh business day after the association received the written request, up to a maximum of five hundred dollars or the unit owner's actual damages sustained as a result of the refusal, whichever is greater.
Source: L. 91: Entire article added, p. 1756, § 1, effective July 1, 1992. L. 2005: Entire section amended, p. 1387, § 18, effective January 1, 2006. L. 2006: (2), (3), (4), and (7) amended, p. 1224, § 13, effective May 26. L. 2012: Entire section R&RE, (HB 12-1237), ch. 232, p. 1016, § 1, effective January 1, 2013. L. 2014: (3.5) amended, (HB 14-1125), ch. 66, p. 290, § 1, effective August 6. L. 2021: (1)(h.5), (1)(h.6), (4.5) and (8) added and (4) amended, (HB 21-1229), ch. 409, p. 2709, § 4, effective September 7.
Editor's note: Section 5 of chapter 409 (HB 21-1229), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after September 7, 2021.
Structure Colorado Code
Title 38 - Property - Real and Personal
Article 33.3 - Colorado Common Interest Ownership Act
Part 3 - Management of the Common Interest Community
§ 38-33.3-301. Organization of Unit Owners' Association
§ 38-33.3-302. Powers of Unit Owners' Association
§ 38-33.3-304. Transfer of Special Declarant Rights
§ 38-33.3-305. Termination of Contracts and Leases of Declarant
§ 38-33.3-307. Upkeep of the Common Interest Community
§ 38-33.3-310. Voting - Proxies
§ 38-33.3-310.5. Executive Board - Conflicts of Interest - Definitions
§ 38-33.3-311. Tort and Contract Liability
§ 38-33.3-312. Conveyance or Encumbrance of Common Elements
§ 38-33.3-315. Assessments for Common Expenses
§ 38-33.3-316. Lien for Assessments
§ 38-33.3-316.3. Collections - Limitations
§ 38-33.3-316.5. Time Share Estate - Foreclosure - Definitions
§ 38-33.3-317. Association Records - Rules - Applicability