Meetings of the unit owners shall be held at least once each year. Frequency of meetings shall be determined by the members of the board unless an association’s governing documents state otherwise.
Owners can also be a part of special meetings, which can be called by:
- the president,
- by a majority of the executive board,
- by unit owners having twenty percent (20%), and
- or any lower percentage specified in the bylaws, of the votes in the association.
Learn about Association Meetings
The Colorado Common Interest Ownership Act (CCIOA) does not contain any notice requirements for executive board meetings, but your governing documents may. Agendas for meetings of the executive board shall be made reasonably available for examination by all members of the association or their representatives (CCIOA does not define “reasonably available”).
Not less than ten (10) nor more than fifty (50) days in advance of any meeting of the unit owners, the secretary or other officer specified in the bylaws shall cause notice to 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.
The notice of any meeting of the unit owners shall be physically posted in a conspicuous place, to the extent that such posting is feasible and practicable, in addition to any electronic posting or electronic mail notices.
The notice shall state the time and place of the meeting and the items on the agenda, 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.
All regular and special meetings of the association's executive board, or any committee thereof, shall be open to attendance by all members of the association or their representatives.
Notwithstanding any provision in the declaration, bylaws, or other documents to the contrary, all meetings of the association and board of directors are open to every unit owner of the association, or to any person designated by a unit owner in writing as the unit owner's
Participation at Meetings
At an appropriate time determined by the board, but before the board votes on an issue under discussion, unit owners or their designated representatives shall be permitted to speak regarding that issue. The board may place reasonable time restrictions on persons speaking during the meeting. If more than one person desires to address an issue and there are opposing views, the board shall provide for a reasonable number of persons to speak on each side of the issue.
The CCIOA does allow for closed-door sessions of the executive board under specific circumstances.
In general, HOAs have the right to have remote meetings unless it is restricted in its governing documents.
One of the mandatory responsible governance policies required by the CCIOA is a "conduct of meetings policy." That policy should address whether the recording of meetings is permitted, and if so, to what extent.
The CCIOA discusses the requirements regarding quorums. The specific requirements for a quorum will first be found in the association’s governing documents.
If the governing documents are silent on quorum requirements, a quorum is deemed present throughout any meeting of the association if persons entitled to cast twenty percent (20%), or in the case of an association with over one thousand (1,000) unit owners, ten percent (10%), of the votes which may be cast for election of the executive board are present, in person or by proxy at the beginning of the meeting.
It is important to recognize that since the CCIOA allows proxy votes to count as physically present, although a meeting may not appear to have enough persons physically present to amount to a quorum, if enough proxies have been executed, there still may be a quorum. If the governing documents are silent on quorum requirements, a quorum is deemed present throughout any meeting of the executive board if the persons entitled to cast fifty percent (50%) of the votes on that board are present at the beginning of the meeting or have properly executed their proxy.
The CCIOA states that the association shall keep as permanent records minutes of all meetings of the executive board. The only section of the CCIOA which speaks to the contents of minutes is section 38-33.3-308(7) which states that 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.