The declaration of my association does not contain any language regarding the amendment process. What approval requirements must be met in order to amend the declaration? I have been told that if th

If the declaration of a post-CCIOA community (i.e., created on or after July 1, 1992) is silent, Colorado statute provides that a vote or agreement of unit owners of more than fifty percent of the votes in the association may amend the declaration.  If the declaration of a pre-CCIOA association (i.e., created before July 1, 1992) is silent, unanimous approval of the unit owners is necessary to amend the declaration.

If, however, the association (pre-CCIOA or post-CCIOA), is unable to obtain the requisite approval to amend, Colorado statute allows the association to amend the declaration by petitioning a District Court in any county that includes all or any portion of the community to approve the amendment.  Certain requirements must be met in order for the District Court to approve the amendment, including: (1) 2 notices sent to all owners with the proposed amendment and at least one meeting to discuss the same, and (2) approval of the amendment by at least half of the number of votes required under the declaration.  Also, the association cannot use the court-petition process to terminate the declaration or change the allocated interested of the owners, or to amend the articles of incorporation or the bylaws.  Finally, the District Court cannot approve an amendment petition if either the declarant or more than 33% of the owners or eligible lenders object.  Therefore, if a pre-CCIOA association with a 100% approval requirement were to utilize the court petition process it would only need the approval of 51% of the owners to file the petition with the court.

For more information on the court-sanctioned amendment process, click here to see our website article entitled “Court Sanctioned Amendment of Declaration of Common Interest Communities.”

Community Essentials - March 2005