One of the most frequent questions posed to us surrounds the requirements surrounding notice of membership and board meetings. While the Colorado Common Interest Ownership Act does not require notice of board meetings to membership, Section 38-33.3-308(1) does outline certain requirements with respect to notice of annual or special membership meetings of the unit owners. Therefore, it is important to understand the specific requirements of the Act with regards to notice of these meetings.
Context of Notice
The notice of any annual or special membership meeting must provide:
(a) Time of the meeting,
(b) Place of the meeting,
(c) Items on agenda, including:
• General nature of any proposed amendment to declaration or bylaws
• Any budget changes, and
• Any proposal to remove an officer of member of the executive board
Public Posting of Notice
Notice of the annual or special membership meeting must be physically posted in a conspicuous place.
Physical Delivery of Notice
Notice of the annual or special membership meeting must be hand delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designed in writing by the unit owner.
Time Frame of Notice
Notice of the annual or special membership meeting must be given not less than ten days, and not more than fifty days in advance of the meeting.
Electronic Notice
In addition to printed notice, notice of the annual or special membership meeting is encouraged to be posted in an electronic form, by posting on a website or otherwise, as well as electronic delivery to all unit owners who so request and furnish the association with their e-mail address. Electronic notice of a special meeting must be given as soon as possible, but at least twenty-four hours before the meeting.
It is important to carefully review the governing documents and policies of the community which may provide more specific meeting notice requirements beyond those outlined in the Colorado Common Interest Ownership Act. For instance, while the Act does not require the association to provide notice of board meetings, the bylaws may require such notice.
