Colorado Revised Statutes
Title 38 – Property – Real and Personal
Real Property- Meetings – closed door session
Article 33.3 – Colorado Common Interest Ownership Act
Part 3 – Management of the Common Interest Community
§ 38-33.3-308. Meetings ………Legal Opinion, Altitude Community Law at bottom of Page
38-33.3-308. Meetings. (3) The members of the executive board or any committee thereof may hold an executive or closed door session and may restrict attendance to executive board members and such other persons requested by the executive board during a regular or specially announced meeting or a part thereof. The matters to be discussed at such an executive session shall include only matters enumerated in paragraphs (a) to (f) of subsection (4) of this section.
(4) Matters for discussion by an executive or closed session are limited to:
(a) matters pertaining to employees of the association or the managing agent’s contract, or involving the employment, promotion, discipline, or dismissal
of an officer, agent, or employee of the association;
(b) consultation with legal counsel concerning disputes that are the subject of pending or imminent court proceedings or matters that are privileged or
confidential between attorney and client;
(c) investigative proceedings concerning possible or actual criminal misconduct;
(d) matters subject to specific constitutional, statutory, or judicially imposed requirements protecting particular proceedings or matters from public
disclosure;
(e) any matter the disclosure of which would constitute an unwarranted invasion of individual privacy;
(f) Review of or discussion relating to any written or oral communication from legal counsel.
(4.5) Upon the final resolution of any matter for which the board received legal advice or that concerned pending or contemplated litigation, the board may elect to preserve the attorney-client privilege in any appropriate manner, or it may elect to disclose such information, as it deems appropriate, about such matter in an open meeting.
(5) Prior to the time the members of the executive board or any committee thereof convene in executive session, the chair of the body shall announce the general matter of discussion as enumerated in paragraphs (a) to (f) of subsection (4) of this section.
(6) No rule or regulation of the board or any committee thereof shall be adopted during an executive session. A rule or regulation may be validly adopted only during a regular or special meeting or after the body goes back into regular session following an executive session.
(7) The minutes of all meetings at which an executive session was held shall indicate that an executive session was held, and the general subject matter of the executive session.
Legal Opinion- Altitude Community Law
Although board meetings are open to attendance by all members, under certain circumstances the law permits the board of directors to hold executive sessions or “closed door” portions of a meeting that are not open to the members. In the event the board of directors holds an executive session, applicable law requires the minutes reflect an executive session was held, the general subject matter of the executive session, and the time the board went into, and came out of, executive session.
Although meeting minutes are not required to be taken in executive session, the law now prescribes that any documentation from executive sessions are no longer available to inspection or copying by owners. Therefore, if a board decides to take minutes during executive session, such minutes should be kept separately from other minutes so they are not inadvertently disclosed.
