CCIOA requires open governance. C.R.S. § 38-33.3-308 mandates open board meetings, owner comment, and limited executive sessions; § 38-33.3-310 requires secret ballots for contested board seats counted by neutral parties; and § 38-33.3-317 gives owners broad rights to inspect association records with a $50/day penalty for refusal.
C.R.S. § 38-33.3-308(2)(a) provides that 'all regular and special meetings of the association's executive board ... shall be open to attendance by all members,' and owners must be allowed to speak before the board votes (§ 308(2.5)). Closed executive sessions are limited to enumerated topics like personnel and legal advice, and no rule may be adopted in executive session. Section 38-33.3-310(1)(b) requires 'votes for contested positions on the executive board ... by secret ballot,' counted by 'a neutral third party or by a committee of volunteers' who are not board members or candidates. Section 38-33.3-317 lets an owner inspect and copy records on a written request at least ten days ahead; if the association fails to allow inspection within 30 days of a certified-mail request, it owes '$50 per day' up to $500 or actual damages, whichever is greater.
An association that fails to allow records inspection within 30 days of a proper certified-mail request is liable for $50 per day (from the 11th business day) up to $500 or actual damages, whichever is greater. Rules adopted in closed executive session are invalid.
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