Mile-High State Requires High Levels of HOA Transparency

In case  you’ve missed my repeated ranting on the subject, Idaho has very little HOA legislation.  Meanwhile, our mile-high neighbors in Colorado have passed a law increasing HOA board transparency and apparently, legislating common-sense respect for privacy.

Bill

The new Colorado law drills down into the type of documents that an HOA  might have, and requires disclosure of a broader number of them, including for instance, receipts and contracts with third parties.

The new Colorado law also clarifies that HOAs are not required to disclose other, private records.

In Idaho, meanwhile, HOA record retention and disclosure is almost always governed by the Non-profit Corporation Act.   This requires disclosure, upon request by an owner, of:

(a)  Excerpts from any records required to be maintained under section 30-3-130(1), Idaho Code, to the extent not subject to inspection under section 30-3-131(1), Idaho Code;
(b)  Accounting records of the corporation, and
(c)  Subject to section 30-3-133, Idaho Code, the membership list.
Certainly the list of documents required to be disclosed is shorter in Idaho.  In case you were wondering, the “records required to be maintained”  under 30-3-130(1) include “… minutes of all meetings of its members and board of directors, a record of all actions taken by the members or directors without a meeting, and a record of all actions taken by committees of the board of directors …”  That’s it.
Despite the limited number of documents required to be produced in Idaho, it is still good common sense to keep HOA emails separate by using a separate HOA account.   Whether or not an Idaho court would consider those emails “a record of all actions taken by the … directors”  email can still be dragged out in litigation, and most folks would prefer to keep their private emails separate.
While a member list must be maintained for voting purposes, it is also still a good idea to respect everyone’s privacy.  Don’t publish “member directories”  without specific consent from the members.  Use that BCC function on group emails.
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