DukeS (Colorado)
Posts: 8
Posts: 8
Posted:
Are Colorado HOAs covered/included in CO. Sunshine Laws?
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Colorado Sunshine Laws
Started by DukeS • 5 replies • 4179 views
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RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Yes, Duke.
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Yes, Duke.
RickH7 (Colorado)
Posts: 2
Posts: 2
Posted:
Roger I know this is an old post, could you point me in the direction of the rule that states HOA Meetings fall under the Sunshine Law
Thanks
Rick
Thanks
Rick
RickH7 (Colorado)
Posts: 2
Posts: 2
Posted:
Roger I know this is an old post, could you point me in the direction of the rule that states HOA Meetings fall under the Sunshine Law
Thanks
Rick
Thanks
Rick
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Rick,
The section you are looking for isn't the Sunshine laws but is C.R.S. 38-33.3-308 . Per that statute (and this is only part of the statute):
38-33.3-308. Meetings
(2) (a) All regular and special meetings of the association's executive board, or any committee thereof, shall be open to attendance by all members of the association or their representatives. Agendas for meetings of the executive board shall be made reasonably available for examination by all members of the association or their representatives.
(b) (I) The association is encouraged to provide all notices and agendas required by this article in electronic form, by posting on a web site or otherwise, in addition to printed form. If such electronic means are available, the association shall provide notice of all regular and special meetings of unit owners by electronic mail to all unit owners who so request and who furnish the association with their electronic mail addresses. Electronic notice of a special meeting shall be given as soon as possible but at least twenty-four hours before the meeting.
(II) Notwithstanding section 38-33.3-117 (1.5) (i), this paragraph (b) shall not apply to an association that includes time-share units, as defined in section 38-33-110 (7), C.R.S.
(2.5) (a) Notwithstanding any provision in the declaration, bylaws, or other documents to the contrary, all meetings of the association and board of directors are open to every unit owner of the association, or to any person designated by a unit owner in writing as the unit owner's representative.
(b) At an appropriate time determined by the board, but before the board votes on an issue under discussion, unit owners or their designated representatives shall be permitted to speak regarding that issue. The board may place reasonable time restrictions on persons speaking during the meeting. If more than one person desires to address an issue and there are opposing views, the board shall provide for a reasonable number of persons to speak on each side of the issue.
The section you are looking for isn't the Sunshine laws but is C.R.S. 38-33.3-308 . Per that statute (and this is only part of the statute):
38-33.3-308. Meetings
(2) (a) All regular and special meetings of the association's executive board, or any committee thereof, shall be open to attendance by all members of the association or their representatives. Agendas for meetings of the executive board shall be made reasonably available for examination by all members of the association or their representatives.
(b) (I) The association is encouraged to provide all notices and agendas required by this article in electronic form, by posting on a web site or otherwise, in addition to printed form. If such electronic means are available, the association shall provide notice of all regular and special meetings of unit owners by electronic mail to all unit owners who so request and who furnish the association with their electronic mail addresses. Electronic notice of a special meeting shall be given as soon as possible but at least twenty-four hours before the meeting.
(II) Notwithstanding section 38-33.3-117 (1.5) (i), this paragraph (b) shall not apply to an association that includes time-share units, as defined in section 38-33-110 (7), C.R.S.
(2.5) (a) Notwithstanding any provision in the declaration, bylaws, or other documents to the contrary, all meetings of the association and board of directors are open to every unit owner of the association, or to any person designated by a unit owner in writing as the unit owner's representative.
(b) At an appropriate time determined by the board, but before the board votes on an issue under discussion, unit owners or their designated representatives shall be permitted to speak regarding that issue. The board may place reasonable time restrictions on persons speaking during the meeting. If more than one person desires to address an issue and there are opposing views, the board shall provide for a reasonable number of persons to speak on each side of the issue.
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