I. MEMBER MEETINGS

A.      Annual Meetings

1. Requirement. Colorado law requires an annual members meeting, unless the Bylaws eliminate this requirement. Although the non profit corporations statute does not require any specific action be taken at the annual meeting (C.R.S. S7-127-101(1)), the Association's governing documents generally contain specific requirements. Common Interest Communities created after July 1, 1992, that are not exempt from the Colorado Common Interest Ownership Act (CCIOA) are required to hold an annual meeting, regardless of the Bylaws (C.R.S. S38-33.3-308).

2. Place and Time of Annual Meeting. The time, date and place of the annual meeting may be set forth in the Bylaws. If the Bylaws are silent, the board of directors may determine the time, date and place by means of a resolution (C.R.S. S7-127-101(1)(3)).

3. Failure to Hold an Annual Meeting. The association's failure to hold an annual meeting at the specified date and time does not affect the validity of the association or its actions (C.R.S. S7-127-101(4)). Thus, the directors remain in office and actions by the board are valid. However, the directors may be liable for breach of their duties to the association if they are responsible for the failure to hold an annual meeting.

Read More