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Q: Does my community association have to give notice to homeowners of membership meetings?
A: Yes. The Colorado Common Interest Ownership Act ("CCIOA") requires notice to be sent to homeowners in the association, also referred to as members of the association, not less than 10 days or more than 50 days before any membership meeting is held.
Q: How does notice of a membership meeting need to be distributed?
A: The first thing you should do is check the governing documents of your association to determine whether there are specific instructions on how notice for a membership meeting should be delivered. If the governing documents do not clearly address this issue, CCIOA provides the following options for delivering notice of a membership meeting to homeowners:
- By prepaid US mail to the mailing address of each unit in the association or to any other mailing address provided by a homeowner to the association in writing.
- By hand delivery to unit owners.
- If electronic means are available to the association, in addition to delivery of a hard copy of the notice, the association should send notice by email to homeowners who request to receive meeting notices by email and who provide their email addresses to the association.
CCIOA also provides that notice of membership meetings should be physically posted in a conspicuous location within the community, so long as such posting is feasible and practicable. CCIOA further encourages the posting of notices and agendas on websites.
Q: What do notices of membership meetings need to contain?
A: Notices of Membership Meetings must include:
- Date, time and place of the meeting
- Items on the agenda for the meeting (Note: For special membership meetings, any agenda item that is not included in the notice cannot be acted upon at the special meeting.)
- If applicable, the general nature of any amendments to the declaration or bylaws being proposed
- If applicable, any changes to the budget being proposed
- If applicable, any proposal to remove a director of the board
Q: Does my community association have to give notice to homeowners of meetings of my association's Board of Directors?
A: CCIOA does not require associations to provide notice to homeowners of board meetings. However, CCIOA does require associations to make agendas, not including attachments, for board meetings "reasonably available for examination by all members of the association or their representatives." For associations with websites, CCIOA encourages the posting of notices and agendas of board meetings on those websites.
Q: Even though CCIOA does not require associations to provide notice of board meetings to homeowners, do you recommend that associations provide this notice?
A: Yes. CCIOA provides that homeowners must have an opportunity to speak on an issue before director's vote on the issue. In the spirit of complying with this provision of CCIOA and in the interests of transparency, we do recommend to the extent possible that associations post notice of board meetings in conspicuous places in communities and on association websites if available.
[PRINTER FRIENDLY VERSION]
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