Can a Colorado homeowners association board of directors prohibit owner attendance at a board of directors meeting?
No. Colorado law requires that board of director meetings be open to owners and that owners are given an opportunity to speak at these meetings. However, a board of directors may exclude owners from being present when going into an executive or closed door session, per C.R.S. §38-33.3.-308(3), for the following matters: (a) Matters pertaining to employees of the Association or the managing agent’s contract or involving the employment, promotion, discipline, or dismissal of an officer, agent, or employee of the Association; (b) Consultation with legal counsel concerning disputes that are the subject of pending or imminent court proceedings or matters that are privileged or confidential between attorney and client; (c) Investigative proceedings concerning possible or actual criminal misconduct; (d) Matters subject to specific constitutional, statutory, or judicially imposed requirements protecting particular proceedings or matters from public disclosure; (e) Any matter the disclosure of which would constitute an unwarranted invasion of individual privacy; and
(f) Review of or discussion relating to any written or oral communication from legal counsel.
Community Essentials - December 2005
