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LarryE3
Posts: 39
Posted:
Where is the best place to determine what the rules for Records Retention are. There is nothing in the Bylaws or CCRs. Is this driven by state or federal mandates? We are a very small association and don't have a dedicated lawyer. Thanks!
KerryL1
Posts: 14,519
Posted:
Many states have laws, so check yours.
DouglasK1
Posts: 2,038
Posted:
As far as I know the only federal rules are from the IRS for anything related to taxes.

Escaped former treasurer and director of a self managed association.
KerryL1
Posts: 14,519
Posted:
To elaborate, Our own HOA docs give general guidelines of records retention, but it's CA Civil Code, in the case of CA Common Interest Developments that show us what records to keep and for hw long. I think you have some legislation for HOAs in CO. In addition, you might check CO orpoations codes since your HOA probably is a corporation.
RichardP13
Posts: 3,836
Posted:
Actually, outside of storing ballots, there is no Civil Code or Corporation Code statues that cover the retention of association records. There may be guidance from attorneys but nothing else.
GenoS
Posts: 4,262
Posted:
In Florida the statutes cover what constitutes official records and the requirements for retention in great detail.
JimC23
Posts: 13
Posted:
My suggestion is to establish a policy and stick to it. Any variations (for example, why didn't the BOD retain this?) might create an opening for a trial lawyer to exploit.

That said, anything related to litigation or even the threat of litigation should probably be retained until the threat ceases -- here, a local attorney could advise.

SheliaH
Posts: 6,967
Posted:
In addition to the resources TimB4 suggested, you might also want to talk to your association's master insurance company.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LarryE3
Posts: 39
Posted:
Thanks for the feedback, everyone! I hope you all have a nice Holiday season!
KerryL1
Posts: 14,519
Posted:
Again, don't know about CO, but vs. Richard in Calif, meeting minutes in CA, Civ. code 5210, must be kept permanently per civil code. Other records must be available to owners upon request for the current year plus the past two years. So, that is a time frame they must be retained.

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