One of the most common questions the HOA Information Center is asked is “Doesn’t my association have to provide notice of that?” Well, that depends on what “that'' is. The majority of meetings that will take place in an HOA are Board meetings. Interestingly, the Colorado Common Interest Ownership Act (“CCIOA”) does not require associations to provide notice of Board meetings. However, it does require that agendas for Board meetings are made “reasonably available” prior to a Board meeting, and your governing documents may require notice of Board meetings even though CCIOA doesn’t. However, the term “reasonably available” is unfortunately not defined.
How Often Should Meetings be Held?
Section 38-33.3-308(1) of CCIOA addresses the frequency with which association meetings should and may take place. Regarding meetings of the unit owners, CCIOA only requires that they meet once per year. This is commonly referred to as an “annual meeting.” It is at this meeting that many HOAs will plan their budget ratification. Some may also schedule any elections for Board member roles that may be opening up. This section of CCIOA also prescribes how special meetings of the unit owners may be called by the President of the Board, a majority of the members of the Executive Board or by unit owners having at least twenty percent (or any lower percentage specified in the bylaws) of the votes in the association. Special meetings may be called for a variety of reasons, including but not limited to such purposes as removing directors, voting in new directors, or just to discuss a particular issue.
Although CCIOA does not specifically address the procedure for when and how to call Board meetings, you will likely find this information addressed in your association’s governing documents. Since Board meetings are for the discussion and deliberation of matters affecting the association for which the Board is responsible, the frequency of them will likely be determined by the members of the Board.
When and How Should Notice Be Provided?
Section 38-33.3-308(1) of CCIOA goes on to discuss the notice requirements for the meeting of the membership. The requirements state that the secretary (or other executive board member specified in the bylaws), must provide notice to each unit owner of any meeting of the membership, no less than ten days and no more than fifteen days prior to the meeting. In addition to hand delivering the notice or sending by mail, to the extent it is feasible and practicable, the association is also required to post the notice in a conspicuous place, visible to members of the community. The notice is required to include the date, time and place of the meeting as well as the items on the agenda, while also including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove an officer or member of the executive board.
Be sure to check that the association has your current contact information on file. You’d be surprised how often homeowners forget to update their email, phone number or mailing address (if different from the address located within the association) when it changes. If it’s been a while since you remember receiving any communication from your association, consider reaching out to them to confirm they have accurate contact information.