📁 Pillar 4: Records Obstruction

"No further communication on this subject is required or desired." — CVHOA President John Ugarte, January 2026

Your Legal Right to Records

CRS §38-33.3-317 — Association RecordsThe association shall make records available within 10 business days. Failure triggers a $50/day penalty plus attorney fees. The law requires no justification for a request — the right is absolute.

The Ugarte Obstruction

In January 2026, a homeowner submitted a formal records request under CRS §38-33.3-317. CVHOA President John Ugarte responded not with records, but with obstruction:

🚩 Ugarte's Response"No further communication on this subject is required or desired."

12 Documented Procedural Failures

  1. Failed to produce records within statutory 10-day period
  2. Demanded justification for the request (not required by law)
  3. Challenged the requester's motivations
  4. Asserted board authority to deny requests at discretion
  5. Posted new "records policy" on website with unlawful conditions
  6. Required requests go through specific board member only
  7. Claimed certain records were "confidential" without legal basis
  8. Refused to acknowledge the $50/day penalty provision
  9. Terminated correspondence unilaterally
  10. Failed to cite any legal authority for denial
  11. Did not offer inspection as alternative to copying
  12. No acknowledgment of CRS §38-33.3-317 requirements

The Website Records Policy

After receiving the records request, CVHOA posted a new "records policy" on its website imposing conditions not found in the statute — requiring requesters to submit through specific channels, justify their purpose, and accept board discretion over what records to produce. The statute requires none of these.

✅ What You Can DoSubmit your own request citing CRS §38-33.3-317. Use our Records Request Generator to create a properly formatted letter. The $50/day penalty clock starts 10 business days after delivery.

The Bill Schmidt Connection

Attorney Bill Schmidt — longtime board member, HOA legal counsel, and enforcement officer — was instrumental in shaping CVHOA's approach to records. Minutes from 2015 reference Schmidt analyzing CCIOA compliance requirements, acknowledging the community's pre-1992 status. Despite this legal knowledge, the association's records practices fail to comply with even basic statutory requirements.