HOA Board Meetings - Without the MeetingPosted on March 26, 2020 by Marc Amey
Annual meetings are required under CCIOA, at C.R.S. §38-33.3-308. So if you have an annual meeting in the near future and want to cancel it for the year due to coronavirus concerns, a recent blog written by Melissa at Altitude Community Law says the answer is “No”. She continues by advising postponing your meeting to a later date, in which case you will still need to provide proper notice for the rescheduled meeting per your Bylaws and Colorado law.
Taking action without meetings. Colorado law allows board or committee action without meetings if all board or committee members consent to the action in writing. If your Bylaws do not have any procedures in place for Board action without a meeting, then you would want to follow C.R.S. §7-128-201, you can read the whole code by clicking here but in short the Nonprofit Code states the following:
(1) The board of directors may hold regular or special meetings in or out of this state.
(2) Unless otherwise provided in the bylaws, the board of directors may permit any director to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting.
If you move forward with the meeting, you might want to consider setting up a call-in line for participating by speaker-phone, or skype, or other telephonic or video-conferencing method. Keep in mind that Colorado law allows members to attend meetings by telecommunication as long as the members can hear each other during the meetings Melissa from Altitude reminds us.
Homeowner Action by Written Ballot: Similar to Board action by email the Nonprofit Code, C.R.S. §7-127-109, which can be read by clicking here, in short, allows any action that would typically take place at a meeting of the Members to be taken by written ballot in lieu of a meeting.
Taking action without a meeting or taking action by written ballot are complicated and strict policies. Communities that intend on holding virtual meetings will not be without criticism about transparency. Members of the community may become weary especially if the action take controversial that would benefit from input by other members of the community. Seeking legal counsel prior to enacting any plans holding of virtual meetings is recommended. For any other questions about how to stay safe we recommend following the latest advice from the Center for Disease Control and Prevention.