Use of Membership Lists
HB 1237, the HOA records bill, has not yet been signed into law by Governor Hickenlooper. However, we expect that to happen in the very near future. Since the new law will ultimately go into effect on January 1st, we are posting a series of blog entries on what managers, management companies and HOA boards need to do to prepare to comply with the new law. Here’s what we have covered thus far:
- HOA records which must be maintained by the HOA and produced to owners upon request;
- HOA records which may be withheld from production to owners; and
- HOA records which must be withheld from production to owners.
Today we are going to cover the restrictions on members relating to the use of a membership list they obtain from their HOA. While this provision mirrors current law, it’s worth a reminder. Here’s what you need to know:
●Without the consent of the board of directors, a membership list (or any part of that list) may not be obtained or used by any person for any purpose unrelated to a unit owner’s interest as a unit owner.
●A membership list may not be used to solicit money or property from owners, unless that money or property is used solely to solicit the votes of the unit owners in an election to be held by the association.
●A membership list may not be used for any commercial purpose.
●A membership list may not be sold to or purchased by any person.
Stay tuned to this blog for more information on HB 1237 relating to: (1) procedures for owners to request records; and (2) what associations may charge owners for producing records.