To Meet, or Not to Meet…

Due to State orders associated with the pandemic, meetings of members of Colorado common interest communities are not able to be held in the conventional manner. Many associations are kicking the can down the road in hopes of holding a meeting when the threat levels allow in-person meetings once more. Some Boards have unilaterally decided to cancel their annual meeting for the year.

Boards should be aware that the Colorado Common Interest Ownership Act (“CCIOA”) requires that meetings of the unit owners shall be held at least once each year. Furthermore, if the Board unilaterally decides to cancel the annual meeting of members, it may be argued that the Board members are extending the term of office of anyone whose term is expiring this year. CCIOA prohibits the board from acting on behalf of the association to determine the terms of office of board members.

For these reasons, the Board should consider whether postponement or alternative methods may be utilized for their 2020 annual meeting of members.

We would be happy to discuss these pressing issues with you. Contact us to discuss further.