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JimC25 (Colorado)
Posts: 2
Posted:
In Colorado there appears to be a requirement in state law, CRNCA 7-128-203 (3)(a)(I)(A), for the board of directors and all committees, e.g. the design review board, to make available for all association members an agenda, or at least a summary of topics to be addressed, in advance of holding any meeting at which that board or committee may reach a decision.
Our HOA is not complying with that state requirement, effectively negating the requirement for open meetings, and also effectively negating the right of association members to be heard at the meetings prior to voting by the board or committee.
What is the validity of actions taken, or decisions voted upon, by the boards or committees if they are operating in violation of state law?
AugustinD
Posts: 5,144
Posted:
This site https://www.colorado.gov/pacific/dora/node/96091 does not look promising, but it is worth a try.

Whether any or all actions will be nullified would likely be up to a Colorado District court. The higher the stakes and money involved, the more likely the Board's action will be nullified for failure to comply with state law.
SheliaH (Indiana)
Posts: 6,964
Posted:
Or you can just rally your neighbors together and vote the rascals out and get new people on the board.

When they're gone, take a look at what they've done and then the new board can vote on what will be honored or changed, as you may find contracts have been signed that you won't be able to break. Other things might be rescinded, but you may still need to address them - this time you can charter advisory committees to explore certain issues in detail and the board can schedule regular meetings and pass that information to homeowners who may want to attend.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RoyalP
Posts: 1,104
Posted:
you mean like, actually WORK ?
JimC25 (Colorado)
Posts: 2
Posted:
Thanks for the responses. If there is any meaningful resolution that could be of assistance to others I'll provide it.

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