A common question we receive from boards of HOAs and homeowners is whether the owners have a right to speak at board meetings. The Colorado Common Interest Ownership Act (“CCIOA”) at C.R.S. 38-33.3-308(2.5)(b), provides that owners have a right to speak prior to the board taking action on an issue. In particular, that provision of CCIOA provides as follows:
“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 bottom line is that homeowners, or their designated representatives, have a right to speak before a vote is taken by the board on a particular issue – not to interrupt the business of the board whenever they wish. In addition, the ground rules associated with this right to speak are set by the board.