It seems that there is a conflict between the Colorado Common Interest Ownership Act, which requires owners be allowed to speak before the board takes a vote, and the Colorado Revised Nonprofit Act, w

In our opinion, a board still may take action without a meeting as allowed by the Colorado Revised Nonprofit Act (“Nonprofit Act”). The provision in the Colorado Common Interest Ownership Act (“CCIOA”) that grants owners the right to speak before the board takes a vote addresses only physical board meetings and is silent on a board’s ability to conduct business outside a meeting. Since the legislature declined to address this issue, our interpretation is that CCIOA’s participation requirements apply only to physical board meetings and do not affect the other means of doing business granted by the Nonprofit Act.

Community Essentials - July 2006