colorado sb100 policies

I am also new at this. Our hoa never complied with colorado law and wrote the 7 required sb100"s until last month. They changed
alot of things from the original covenants, by-laws, and rules and regulations. Can the 5 member board approve these and pass them?
I thought it took 67% of the 383 homes to change any of the documents, as stated in the original documents.. The board also included
a fine policy in these new sb100"s. It also states that they now have the authority to change anything in the covenants, by-laws, rules
and regulations. How can a board have so much power? Do these new sb100 policies have to be recorded with the state? Does the board have
to mail all these new admendments to all homeowners? There never was an approved and signed fine policy by the board until this new sb100
fine policy. In 2006 the board approved a fine policy but never got the board members to sign off on it. They do not have a hard signed hard copy
of this fine policy, but have been collecting fines from homeowners, is this legal? Now the 2006 fine policy is off their web site with only the
new fine policy on their web site. How can they do all of this without homeowner approval?
Thanks

Monica, what is the definition of a sb100? Does it mean (state) Senate Bill?

Each of your documents states what % is needed to change them. Ours, for example, are 67% for the covenants, a simple majority for the bylaws, and Board approval with a 30-day comment period from owners for Rules & Regs.

Sometimes our Board can change, for example, the amount of fines by just changing our Rules & Regs. We can do this because our CC&Rs (covenants) permit us to so long as we don't conflict with state law.

But it all depends on which governing document you're talking about and what CO state laws permit or forbids.

So, in CA, only changes--amendments--to the CC&Rs or Articles of Incorporation must be recorded.

From what you wrote, I cannot tell what exactly your board did or failed to do properly.

You might list each of the 7 changes for us and tell us which document they're in.

I've never heard of a Board having totla authority to change the CC&Rs, so would need to see the exact wording your Board used to say that.

Monica,
SB05-100 is a senate bill passed in 2005 which required seven Rules and Regulations to be effective 1/1/06. These policies and procedures do not have to be filed with the County or the State of Colorado; but they should be provided to every homeowner prior to becoming effective. To find out who may approve (and amend) Rules and Regulations, the Declaration of CC&Rs, and the Bylaws read your controlling documents. SB-100 requires 67% of all homeowners' approval to amend the CC&Rs-unless your current CC&Rs require a lesser percentage. The Bylaws usually require a 2/3 vote of approval at a duly called members meeting at which a quormum is present. The Bylaws should state the powers and duties of the Board of Directors; and often the Bylaws state that the Board may approve Rules and Regs.

Board approvals are made by motions which should be recorded in the minutes of a Board meeting. Finally, the state law (CCIOA) often can void certain HOA requirement. If your HOA has a management company to guide them this would have been done prior to 1/1/60 and proper approval would have been sought. Failure to be up to date on new state legislation is one of the dangers of a self managed HOA.

Monica

Most association docs have a statement in them like "will/must/automatically, etc. adopt legal changes" no matter what our docs say.

I am not going to take my time to compare your docs to the legal changes as I do not live there so really not a pressing issue to me.

The question is have you reviewed/compared what changed? Maybe they changed to the better for an owner.

We have people out here screaming for government control of HOA's.

Thank you for your replies. yes they might be for the better. Will read all the changes. I have never had a problem with our hoa in the 15
years I have lived here. i was just wondering about how they work.