We all know that the primary function of a community association’s Board of Directors is to do the business of the association, right? In fact, significant parts of most declarations and bylaws are devoted to setting out the powers and authority of the Board. If a community was formed on or after July 1, 1992,
Early last week, I participated as a volunteer for the Rocky Mountain Chapter of Community Associations Institute on the HOA Line 9 which is hosted by 9 News with the assistance of the Chapter. This oustanding program permits folks who live in and serve on the boards of HOAs in Colorado, to call in with questions about their associations. While we received many questions on the new HOA debt collection law which will go into effect on January 1st, I also noticed a trend from the calls I received relating to transparency.
Since I understand that many HOAs in Colorado are self-managed and the boards of directors which govern them may not necessarily be well-versed in the provisions of the Colorado Common Interest Ownership Act ("CCIOA") relating to open meetings, I thought now was a great time to provide these folks with basic information on the laws which appropriately promote transparency. Please feel free to share this information with residents and board members of HOAs in Colorado.
Here is what you need to know:
Governing and overseeing the operations of an HOA is a significant responsibility for board members which can sometimes seem a bit overwhelming. In addition, some board members have never served on the board of a nonprofit corporation or have little experience overseeing the business aspects of an association. As a result, attending educational sessions can be an extremely helpful resource for directors.
The Rocky Mountain and Southern Colorado Chapters of Community Associations Institute, management companies and law firms like WLPP routinely provide education for boards. While for the most part these educational sessions are provided free of charge, sometimes there is a small fee for attendance. The Colorado Common Interest Ownership Act ("CCIOA") addresses the ability of associations to reimburse board members for educational expenses.
With annual meeting season upon us, it’s a great time for the boards of HOAs to provide owner education as required by the Colorado Common Ownership Act. CCIOA, at C.R.S. 38-33.3-209.7, requires associations to provide free education at least yearly to owners on ". . . the general operations of the association and the rights and responsibilities of owners, the association and its executive board under Colorado law." This provision of the statute permits the boards of HOAs to determine how to comply with the requirements for owner education. In addition, owner education is not required for time-share communities.
One of the routine questions I receive from boards of HOAs and homeowners, is whether notice is required to be given to owners for regular and special meetings of the board. While CCIOA requires that meetings of boards be open to owners and provides owners with a right to speak before the board takes formal action on an issue…
Earlier this week, I blogged on the requirements in the Colorado Common Interest Ownership Act (“CCIOA”), that HOAs must adopt as a Reserve Study Policy and Conflicts of Interest Policy and what those policies must contain. As one of the Nine Responsible Governance Policies, C.R.S. 38-33.3-209.5 also requires HOAs to adopt a Covenants and Rules Enforcement Policy which should contain, at a minimum, provisions which address the following items:
In my CCIOA 101 for HOA Boards blog posting yesterday, I addressed the Reserve Study Policy – which is one of the 9 Responsible Governance Policies (commonly referred to as “SB 100 Policies”) that HOAs are required to adopt and comply with under the Colorado Common Interest Ownership Act (“CCIOA”). In May of 2011, Governor Hickenlooper signed into law House Bill 11-1124 which amended C.R.S. 38-33.3-209.5 and outlines the following items which must be included in the Conflicts of Interest Policy for an HOA:
As Mark Payne noted in his May 21st blog posting entitled Those Pesky Policies, the Colorado Common Interest Ownership Act (“CCIOA”) requires HOAs in Colorado to adopt and comply with nine Responsible Governance Policies – commonly referred to SB 100 Policies.
One of the nine policies addresses the issue of reserve studies. Here’s what CCIOA, at C.R.S. 38-33.3-209.5(IX), requires a Reserve Study Policy to include:
Last week in a CCIOA 101 for HOA Boards posting, I talked about the circumstances under which the Colorado Common Interest Ownership Act (“CCIOA”), at C.R.S. 38-33.3-310, requires the use of secret ballots when members are voting in a contested election for directors or on other issues. When counting these secret ballots, here’s what you need to know:
We often receive inquiries from HOA board members on whether they are required to utilize a secret ballot when members/owners vote on any particular issue brought before them. The Colorado Common Interest Ownership Act (“CCIOA”) addresses voting at C.R.S. 38-33.3-310 and requires secret ballots to be utilized by members under the following circumstances: