One of the most common questions that the HOA Information Center is asked is: “Doesn’t my association have to provide notice of that?” Well, that depends on what “that'' is. There are different types of meetings that can be held: (1) Board Meetings, and (2) Owner Meetings (also called Annual Meetings) and notice requirements differ for different types of meetings. The majority of meetings that will take place in an association are Board meetings. Interestingly, the Colorado Common Interest Ownership Act (“CCIOA”) does not require associations to provide notice of Board meetings. However, CCIOA does require that agendas for Board meetings be made “reasonably available” prior to a Board meeting. Your governing documents may require notice of Board meetings even though CCIOA does not. It is also important to point out that the term “reasonably available” is not defined in CCIOA.
How Often Should Meetings be Held?
- Unit Owner Meetings: 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 why many people call this meeting the “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.
- Special Board Meetings: CCIOA prescribes that special meetings 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 if 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.
- Regular Board Meetings: Like for Special Board Meetings, CCIOA does not address the procedure for when and how to call a Board meeting, but your association’s governing documents may provide guidance. 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 of Owners Meetings Be Provided?
Section 38-33.3-308(1) details what notice for an Owners Meeting looks like. Notice needs to:
- be given not less than 10 days, but not more than 50 days in advance,
- be hand delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner,
- be physically posted in a conspicuous place to the extent it is feasible and practicable,
- be posted electronically or delivered by e-mail, if available
- include the time, date, and place of the meeting,
- include items on the agenda,
- include the general nature of any proposed amendment to the declaration or bylaws, if any,
- include any budget changes, if any; and
- include any proposal to remove an officer or member of the executive board, if any.
As an owner, you are a member. That means you have a voice, but to do so, you need to be informed. Be sure to check that the association has your current contact information on file. You would be surprised how often homeowners forget to update their email, telephone number, or mailing address (if different from the address located within the association) when it changes.
Did you move? Did you get a new email address? What about a new mobile phone number? What about if the association changed the Community Association Manager and transferred your information inaccurately? If it has been a while since you remember receiving any communication from your association, consider reaching out to them to confirm they have accurate contact information for you. It is important that every unit owner take these easy steps to confirm your contact information.