Anyone in Denver area able to help?

Hello All,

Well, after a two year fight we have finally been able to get enough petition signatures to call a special meeting to recall the BOD. Since there is a pretty good division between all parties concerned I think it is a good idea to have a neutral party chair the meeting.

Are there any of you in the Denver, Colorado area that would be willing to chair the meeting? It is scheduled to occur on August 11, 2011 @ 6:00 PM in Brighton (north of DIA).

We originally wanted the attorney retained by the BOD to chair but he said he could not unless the BOD asked him to.

Many thanks!
Adam

snowdragonusa at yahoo dot com

Hi Adam:

Also, a thought occurred to me that if you have any “neutral parties” attend the meeting then be sure to cover them so they are allowed. In essence a home with two owners can have one of the owners give the individual a proxy with permission to attend the meeting. Make sure the proxy is proper and meets the requirements of your governing documents and MUST be both dated and signed to meet State statutes. Also, it cannot say that it is revocable without notice. Just make it valid for the meeting and a termination date for the next day after the meeting and again, dated and signed.

Per CCIOA:

(b) If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates eleven months after its date, unless it provides otherwise.

This will eliminate anyone trying to invalidate them attending because of this potential issue. Also, keep in mind initially the current BOD may choose to chair the meeting until recalled. By having other individuals attend you have neutral parties as witnesses to maybe avoid any … he said/she said … and keep everything hopefully more open and above board. Reason being is these individuals can testify in court if needed down the road, so might help prevent circumventing. Or, do like us and video record the meeting . This was done with everyone's agreement even though CO is a one party state.

Be sure you have individuals willing to step up to the plate and become board members.

Thanks Janet - the advice on having the neutral party hold a proxy really makes sense. When we presented the petitions to the BOD and consulted the HOA attorney, he said since we were calling the meeting we were responsible for notifying the membership. I countered with the Secretary is the responsible party and he countered that the we would be the delegate. We are not even sure the BOD will attend the meeting. If they attend we were planning on motioning the meeting be chaired by the neutral party at that point. Odds are we will still need to take this all to court in the end since the day after we presented the petitions the Management Company (who is a homeowner hired by the BOD when he was a Board member himself - see why we are in dire straights here?) they started calling people on the petition to ask them if they understood what they signed and that this action would really hurt the HOA. I am guessing they will try and invalidate all the proxies as well assuming they haven't already decided the petition wasn't to their liking.

Thanks again!
Adam

Hi Shirley … It is not necessarily a “conflict of interest” because he is the HOA attorney and the duty lies in what is in the best interest of the HOA overall for everyone equally. The reason he cannot act as chair without BOD approval is because he was hired and cannot charge the HOA for performing the duty without the current BOD approval.

I believe Adam is hoping that they can avoid legal fees in following the proper CO statute laws with a proper recall. If there is circumventing of the law then yes they should possibly consider hiring an attorney.

Hi Adam … good example of why we do not hire anyone who is a homeowner. It is much easier to fire an individual’s butt for not performing when they are not your neighbor