Colorado Law · Records & Transparency · Updated for HB 26-1099 (2026)

Colorado HOA Records Under § 38-33.3-317: Access, Retention, and the Inspection Clock

Colorado writes the association’s records list into the statute itself, bars the board from asking owners why they want to look, and attaches a daily penalty to a missed deadline. Since August 2026, it also tells a departing management company exactly what to hand over and when.

Educational notice. This information is educational in nature and should not be construed as legal advice. Statutory references are to the Colorado Revised Statutes 2024 edition and to HB 26-1099 (effective August 12, 2026) as enacted; later amendments are possible. Consult qualified association counsel regarding legal interpretation specific to your jurisdiction.

The Short Version

Section 38-33.3-317 of the Colorado Common Interest Ownership Act (CCIOA) does four things a board needs to know:

1. It defines the records. Subsection (1) lists the association’s records for retention and production, with fixed look-back periods for several categories.
2. It sets the request mechanics. The association may require a written request describing the records with reasonable particularity, at least 10 days in advance, and may limit inspection to business hours or the next board meeting within 30 days. It may not require a statement of proper purpose.
3. It sorts what is withheld. Some records may be withheld (subsection (3)); others must be (subsection (3.5)).
4. It sets a penalty for delay. Subsection (4.5) attaches a $50-per-day penalty, up to $500 or actual damages, to a failure to allow inspection within 30 calendar days of a certified-mail request and payment.

Two other provisions work alongside it: the records-inspection policy is one of the nine mandatory responsible governance policies under § 38-33.3-209.5, and HB 26-1099 adds a management-company turnover duty in a new subsection (9), effective August 12, 2026.

Who This Reaches

CCIOA applies in full to condominiums, cooperatives and planned communities created on or after July 1, 1992. For communities created before that date, only the sections listed in § 38-33.3-117 apply. Section 317 is on that list in two stages: the version of § 317 that existed before January 1, 2006 reached pre-1992 communities for events from July 1, 1992 (§ 117(1)), and the current § 317 reaches them from January 1, 2006 (§ 117(1.5)). Section 209.5, including the records-inspection policy, is on the January 1, 2006 list as well (§ 117(1.5)(c)). Small preexisting cooperatives and planned communities covered by § 38-33.3-119 are generally outside these sections unless they amend in. Which version applies to a particular older community is a question for counsel; the CCIOA overview explains the framework.

The Statutory Records List

Section 38-33.3-317(1) lists the association’s records for retention and production. As summarized from the 2024 text, they are:

The list also covers any records the declaration or bylaws define and the § 209.4(2) disclosure items. When a board inherits a filing cabinet of uncertain contents, the list says which categories are association records and, for several, how far back. Where the 2024 text sets no period, the association’s records policy fills the gap. Ballot retention ties to board elections under § 38-33.3-310.

How a Request Works

Section 38-33.3-317(2)(a) gives owners the right to examine and copy association records. The association may set three conditions:

• a written request that describes the records sought with reasonable particularity;
• submission at least 10 days in advance; and
• inspection limited to regular business hours or the next board meeting occurring within 30 days.

Notwithstanding contrary governing-document provisions, the association may not condition production on a statement of proper purpose. Directors who have served on corporate boards elsewhere sometimes expect a purpose test; § 317(2)(a) removes it. Process discipline goes into how records are produced, not whether the owner has a reason.

Two further limits protect the association from overreach in the other direction. The association has no duty to compile or synthesize information that is not already in a record (§ 317(6)), and the records may not be used for commercial purposes (§ 317(7)). Without board consent, a membership list may not be used for a purpose unrelated to an owner’s interest as an owner, to solicit money or property (other than to solicit votes in an association election), for any commercial purpose, or be bought or sold (§ 317(2)(b)). The association may charge a reasonable fee for copies, collectible in advance, not exceeding the estimated cost of production and reproduction (§ 317(4)), and owners may request electronic copies where available (§ 317(5)).

What May Be Withheld, and What Must Be

The two columns call for different handling. A “may withhold” category leaves the board a choice, which boards typically make under a written policy applied the same way to every request. A “must withhold” category leaves no choice under the statute. Executive-session records connect to the open-meeting rules in § 38-33.3-308, which limit executive session to six enumerated topics.

The Inspection Clock and the Penalty

Section 38-33.3-317(4.5), added by HB 21-1229 (effective September 7, 2021), attaches a penalty to delay. If the association does not allow inspection within 30 calendar days after receiving a request by certified mail and any required payment, it is liable for $50 per day beginning on the eleventh business day, up to $500 or actual damages, whichever is greater.

The penalty provision is tied to a written request sent by certified mail, return receipt requested; § 317(2) itself does not limit the delivery method of a request. Boards typically keep a production log showing when each request arrived and how, what was produced, what was withheld, and under which subsection. Section 317(8) provides that the penalty does not apply to an association that includes time-share units. Whether the penalty applies to a particular request is a question for counsel.

What the Courts Have Said

Two published Court of Appeals decisions address owner records access, each under a specific version of the statute.

• Glenwright v. St. James Place Condominium Ass’n, 197 P.3d 264 (Colo. App. 2008). Construing the former § 38-33.3-317, the court held that “all financial and other records” includes records the association owns even when its managing agent maintains them, where the record reflects the agent’s performance of the association’s powers or responsibilities. The section was repealed and reenacted by HB 12-1237 (effective January 1, 2013), so the holding describes the prior statute, not current law.
• Seaman v. Heather Gardens Ass’n, 2023 COA 125. Construing § 317 as it read in 2023, the court held as a matter of first impression that bank statements “may constitute” detailed records of receipts and expenditures under § 317(1)(a), and that records generated by a third party, such as a bank, may be records the association “maintain[s]” and must make available under § 317(2)(a). The court did not reach the § 317(4.5) penalty claim, which was left for remand.

Each describes how the court read the statute on the record before it; neither decides any other association’s request.

Management-Company Turnover: § 317(9) (HB 26-1099)

HB 26-1099 (signed April 13, 2026; effective August 12, 2026) adds a records-continuity rule for management companies. When an association, other than a self-managed association that has not retained a management company, terminates or does not renew its management agreement, the former management company must deliver all association property, including money, financial accounts and records, insurance policies, contracts, account passwords, keys, and other association records and information, to the new management company or to the association within 45 days, at no charge to the association. Proprietary software need not be delivered if the association’s data in it is.

Unless the association and the former company have agreed otherwise in writing, a non-compliant former company is liable for interest and late fees on the association’s late payments and other damages caused by the lack of access, and must pay $250 for each business day of non-compliance. In a civil action, a violation found to be willful carries treble actual damages plus reasonable attorney fees and court costs.

Manager transitions are when records go missing and passwords lapse. Boards typically keep their own inventory of what the association expects back. A related transition risk, insurance notices that stop reaching the association, is covered in Who Gets the Mail: Coverage That Lapses During a Management Change. How § 317(9) interacts with existing management agreements and any “otherwise agreed in writing” terms is a common counsel topic.

How the Pieces Fit

• § 38-33.3-317 defines the records and the inspection right.
• § 38-33.3-209.5(1)(b)(V) requires a written policy on inspection and copying of records, one of nine required policies, and the policies themselves are association records under § 317(1).
• § 38-33.3-209.4 requires annual disclosures, which may be made by website posting (with notice of the address), a literature binder at the principal office, or mail or personal delivery (§ 209.4(3)).
• § 38-33.3-401 (annual DORA registration) uses some of the same data, covered in Registering With DORA.

Common Mistakes & Pitfalls

Frequently Asked Questions

What records must a Colorado HOA keep?

Section 38-33.3-317(1) lists the association’s records for retention and production. The list includes detailed records of receipts and expenditures, construction-defect claims and settlement amounts, minutes and records of actions taken without a meeting, owner names and mailing addresses, the governing documents and responsible governance policies, financial statements for the past three years and tax returns for the past seven years, the most recent reserve study, current contracts and contracts for work performed in the prior two years, architectural approval and denial records, ballots and proxies for one year, and written communications to owners generally for the prior three years.

Does a Colorado owner have to state a reason to inspect HOA records?

Section 38-33.3-317(2)(a) provides that the association may not condition production of records on a statement of proper purpose. Under that subsection, the association may require a written request that describes the records with reasonable particularity and is submitted at least 10 days in advance, and it may limit inspection to business hours or the next board meeting within 30 days. How the statute applies to a particular request is a question for the association’s counsel.

What records can a Colorado HOA withhold?

Section 38-33.3-317(3) lets the association withhold certain records, including architectural plans, records of transactions still under negotiation, privileged communications, records whose disclosure would be unlawful, executive-session records, and files for other units. Section 38-33.3-317(3.5) requires the association to withhold personnel, salary and medical records and personal identification and account information of members and residents (including bank account information, phone numbers, e-mail addresses, driver’s license and Social Security numbers), although a member or resident may consent in writing to publication of their phone number and e-mail address.

What happens if a Colorado HOA does not produce records on time?

Under section 38-33.3-317(4.5), added by HB 21-1229, if the association does not allow inspection within 30 calendar days after receiving a certified-mail request and any required payment, it is liable for penalties of $50 per day beginning on the eleventh business day after it received the request, up to a maximum of $500 or the owner’s actual damages, whichever is greater. Section 38-33.3-317(8) provides that this penalty does not apply to an association that includes time-share units.

Can a Colorado HOA charge for copies of records?

Section 38-33.3-317(4) limits copy charges to the estimated cost of producing the copies. The association also has no duty to compile or synthesize information that is not already in a record, under section 38-33.3-317(6).

What must a Colorado management company hand over when it is replaced?

HB 26-1099, effective August 12, 2026, adds section 38-33.3-317(9). When an association (other than a self-managed association with no management company) terminates or does not renew a management agreement, the former company must deliver all association property, money, accounts, records, passwords, keys and information to the new company or the association within 45 days, at no charge. Unless otherwise agreed in writing, non-compliance carries $250 per business day plus resulting interest, late fees and damages, and a violation found willful in a civil action carries treble actual damages plus reasonable attorney fees and court costs.

Key Takeaways

• Section 38-33.3-317(1) is the records list; several categories carry fixed periods (3-year financials, 7-year tax returns, 1-year ballots, 2-year prior contracts, 3-year owner communications).
• A written, particular request with 10 days’ notice may be required; a statement of proper purpose may not.
• Subsection (3) records may be withheld; subsection (3.5) records must be.
• Section 317(4.5) sets a penalty of $50 per day, up to $500 or actual damages, where inspection is not allowed within 30 calendar days of a certified-mail request and payment.
• From August 12, 2026, a departing management company has 45 days to deliver association records and property at no charge (§ 317(9)).
• Section 117(1.5) lists § 317 for pre-1992 communities from January 1, 2006; confirm applicability with counsel.

References & Sources

1. C.R.S. § 38-33.3-317 — Association records (repealed and reenacted by HB 12-1237, effective January 1, 2013; amended by HB 14-1125 and HB 21-1229). Colorado Revised Statutes 2024, Title 38 (OLLS)
2. C.R.S. § 38-33.3-209.5(1)(b)(V) — Responsible governance policies: inspection and copying of association records.
3. C.R.S. § 38-33.3-209.4 — Public disclosures required; methods of disclosure.
4. C.R.S. § 38-33.3-117(1), (1.5) — Applicability to common interest communities created before July 1, 1992.
5. HB 21-1229 — HOA Governance Funding Record Keeping (ch. 409, effective September 7, 2021). leg.colorado.gov/bills/hb21-1229
6. HB 26-1099 — Protect Financial Condition of Homeowners’ Associations (ch. 42, effective August 12, 2026), adding § 38-33.3-317(9). leg.colorado.gov/bills/hb26-1099
7. Glenwright v. St. James Place Condominium Ass’n, 197 P.3d 264 (Colo. App. 2008) (construing former § 38-33.3-317).
8. Seaman v. Heather Gardens Ass’n, 2023 COA 125.

Related Resources & Additional Reading from the CIC-SC Library

• The Nine Policies Every Colorado Association Must Adopt Under § 38-33.3-209.5 — including the records-inspection policy.
• Colorado Board Meetings Under § 38-33.3-308 — executive session and minutes.
• Registering With DORA — the annual registration and what lapsing suspends.
• Colorado’s Common Interest Ownership Act (CCIOA): Overview for Board Members
• Who Gets the Mail: Coverage That Lapses During a Management Change

Tags: C.R.S. § 38-33.3-317 · Colorado HOA records · records inspection · proper purpose · $50 per day penalty · HB 21-1229 · HB 26-1099 · management company turnover · Glenwright · Seaman v. Heather Gardens · CCIOA · records retention

Disclaimer. This article is published by the Common Interest Community Standards Council for educational and informational purposes only. It is not legal advice and does not establish an attorney-client relationship. Statutory references and procedural frameworks are intended to support informed governance, not to substitute for advice from qualified Colorado legal counsel. Boards and managers should consult their association’s attorney about the application of any statute, governing-document provision, or records decision to their specific circumstances. CIC-SC, its authors, and its members assume no liability for actions taken in reliance on this content.

Published by the Common Interest Community Standards Council (CICSC). Part of the CICSC Member Education Library. © 2026 CICSC. Educational use permitted with attribution.