Colorado Law · Elections & Board Service

Who Can Serve? Board Candidate Eligibility in Colorado Communities

Eligibility disputes often surface close to an election, when a board questions whether an owner may run. For communities it reaches, Colorado’s Common Interest Ownership Act provides that the board may not determine its own members’ qualifications. What remains is what the declaration and bylaws say, and how consistently the association applies them.

By the CIC-SC Editorial Team Updated November 8, 2026 Reading time: ~8 minutes Audience: Colorado Boards, Election Committees, Managers

Educational notice. This information is educational in nature and should not be construed as legal advice. Statutory references are to the Colorado Revised Statutes as published by the Colorado General Assembly at the time of writing; later amendments are possible. Consult qualified association counsel regarding legal interpretation specific to your jurisdiction.

Currency: verified against the Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout). Later amendments are possible. Whether a particular candidate is eligible is a question for association counsel.

The Short Version

The board does not write the rules for its own seats. Under C.R.S. § 38-33.3-303(3)(a), the executive board may not elect board members or determine their qualifications, powers, duties, or terms. It may fill vacancies for the unexpired portion of a term. (§ 303(3)(a) is not on the § 117 list for pre-1992 communities; see below.)
Eligibility lives in the declaration and bylaws. Requirements such as ownership, residency, or good standing are set there, if at all.
Committee chairs carry the same qualifications. A committee chair appointed after August 15, 2009 must meet board-member qualifications (§ 303(3)(b)).
Contested seats use a secret ballot, counted by a neutral third party or by non-board, non-candidate owner volunteers (§ 38-33.3-310(1)(b)).
Owners can remove board members with or without cause by 67% of those present and entitled to vote at a meeting with a quorum (§ 303(8)).

Why Eligibility Disputes Happen

Common sources include governing documents that have not been reviewed in years, a bylaw that says “member in good standing” without defining it, or a co-owned unit where two people both want the seat. The structural rule in § 303(3)(a) is the starting point: the board may not determine the qualifications of board members, so the inquiry runs to the declaration and bylaws.

The Three Layers of Eligibility Authority

1. The statute

CCIOA sets the outer structure. Besides § 303(3), it governs owner representation during declarant control and the board composition at turnover:

Within 60 days after 25% of the units that may be created are conveyed to owners other than the declarant, at least one board member and not less than 25% of the board are elected by those owners; within 60 days after 50%, not less than one-third (§ 303(6)).
By the end of the declarant-control period, owners elect a board of at least three members, a majority of whom are not declarant appointees (§ 303(7)).

2. The declaration and bylaws

These documents define who may serve: how many seats, how long the terms, whether a candidate must own or occupy a unit, how co-owners and entity owners are treated, and any good-standing or delinquency rule. Because § 303(3)(a) bars the board from setting qualifications, the precise wording of these documents carries most of the weight.

3. The nonprofit corporation documents

Many Colorado associations are nonprofit corporations under the Colorado Revised Nonprofit Corporation Act (C.R.S. Title 7, Articles 121–137). The articles of incorporation and bylaws may also address director qualifications. Where documents conflict, boards typically ask counsel how they rank.

Delinquency and “Good Standing” Rules

Some bylaws condition candidacy on being current with assessments. Whether such a rule exists for a given association, how it is worded, and whether it is enforceable as written are document-and-counsel questions. CICSC does not state a statewide rule on this point. Boards that apply a good-standing requirement typically do three things: cite the specific provision, apply it to every candidate the same way and on the same date, and confirm the approach with counsel before the candidate list is final.

Pre-1992 Communities

For communities created before July 1, 1992, only the CCIOA sections listed in § 38-33.3-117 apply. That list includes § 303(1)(b) and (3)(b) and, from January 1, 2006, § 310(1) and (2). It does not list § 303(3)(a), (6), (7), or (8). For these communities the governing documents, and possibly the Condominium Ownership Act for older condominiums (§§ 38-33-101 to -113), carry more of the load; counsel can confirm which rules govern. Under Accetta v. Brooks Towers Residences Condominium Ass’n, 2021 COA 87, § 38-33.3-118 is the exclusive means for a pre-CCIOA community to elect full CCIOA coverage.

The Eligibility-Vetting Workflow

Associations commonly use a written, repeatable process like the following. It is a practice, not a statutory requirement:

Publish the rules early. State the qualifications, with the governing-document citation, in the call for candidates.
Set one test date. Measure every candidate’s status as of the same date.
Check, document, and notify. Record what was checked and the result. If a candidate appears ineligible, notify the candidate with the specific provision and allow time to respond.
Keep candidates out of the count. In a contested election, candidates may not serve as owner-volunteer counters (§ 310(1)(b)).
Escalate before the ballot. Boards typically take a disputed disqualification to counsel before ballots go out.

Vacancies

Under § 303(3)(a), the board may fill a vacancy for the unexpired portion of the term. The person appointed must still meet the qualifications in the governing documents. Boards typically record the vacancy, the appointment vote, and the term end date in the minutes.

Why This Matters

A disqualification is a governance act. Excluding an owner from the ballot bears on how owners view the election.

The statute points to the documents, not the board. Where § 303(3)(a) applies, qualifications come from the governing documents rather than board resolution. Whether a particular qualification is enforceable is a question for counsel.

Common Mistakes & Pitfalls

Pitfall 1: Adopting a new qualification by board resolution. § 303(3)(a) provides that the board may not determine board-member qualifications.

Pitfall 2: Applying the rule to one candidate. Boards commonly apply any eligibility rule to every candidate on the same basis and date.

Pitfall 3: A candidate counting ballots. In a contested election, owner-volunteer counters may not be board members or candidates.

Pitfall 4: Forgetting committee chairs. Chairs appointed after August 15, 2009 must meet board qualifications.

Frequently Asked Questions

Can a Colorado HOA board set the qualifications for its own board seats?

Under C.R.S. § 38-33.3-303(3)(a), the executive board may not elect board members or determine their qualifications, powers, duties, or terms, though it may fill vacancies for the unexpired portion of a term. A person appointed to fill a vacancy still has to meet the qualifications in the governing documents. How this applies to a particular association is a question for association counsel.

Where do board candidate eligibility rules come from in a Colorado HOA?

Eligibility requirements such as ownership, residency, or good standing are set in the declaration and bylaws, if at all. Many Colorado associations are also nonprofit corporations under the Colorado Revised Nonprofit Corporation Act, so the articles of incorporation and bylaws may address director qualifications as well. Where those documents conflict, boards typically ask association counsel how they rank.

Can a Colorado HOA bar an owner who is behind on assessments from running for the board?

Some bylaws condition candidacy on being current with assessments, but CICSC does not state a statewide rule on this point. Whether such a rule exists, how it is worded, and whether it is enforceable as written depend on the association’s documents. Boards that apply a good-standing requirement typically cite the provision, apply it to every candidate on the same date, and confirm the approach with association counsel.

How are contested board elections counted in a Colorado HOA?

Under C.R.S. § 38-33.3-310(1)(b), contested seats use a secret ballot, counted by a neutral third party or by owner volunteers who are not board members or candidates. Associations commonly choose counters with that rule in mind before the election. Questions about a specific election process are best taken to association counsel.

Can Colorado HOA owners remove a board member?

Under C.R.S. § 38-33.3-303(8), owners can remove board members with or without cause by 67% of those present and entitled to vote at a meeting with a quorum. For communities created before July 1, 1992, § 303(8) is not on the § 38-33.3-117 list of sections that apply, so the governing documents carry more of the load. Which rules govern a given community is a question for association counsel.

Actionable Takeaways

Locate every eligibility provision in the declaration, bylaws, and articles.
Ask counsel to confirm how any good-standing or delinquency rule should be applied.
Publish the qualifications with the call for candidates.
Choose counters who meet § 310(1)(b).
For pre-1992 communities, confirm with counsel which CCIOA sections apply.

References & Sources

C.R.S. § 38-33.3-303(3), (6), (7), (8) — Executive board members and officers. Colorado Revised Statutes 2024, Title 38. content.leg.colorado.gov — crs2024-title-38.pdf
C.R.S. § 38-33.3-310(1)(b) — Voting; secret ballots; counting.
C.R.S. §§ 38-33.3-117, -118 — Pre-July 1, 1992 communities; election to be governed by CCIOA.
C.R.S. §§ 38-33-101 to -113 — Condominium Ownership Act.
Colorado Revised Nonprofit Corporation Act, C.R.S. Title 7, Articles 121–137. content.leg.colorado.gov — crs2024-title-07.pdf
Accetta v. Brooks Towers Residences Condominium Ass’n, 2021 COA 87. Official slip opinion (Justia mirror)

Related Resources & Additional Reading from the CIC-SC Library

Tags: Colorado HOA board candidate eligibility · C.R.S. 38-33.3-303 · board qualifications · vacancies · secret ballot · 38-33.3-310 · declarant control · board removal · CCIOA · Colorado HOA elections

Disclaimer. This article is published by the Common Interest Community Standards Council for educational and informational purposes only. It is not legal advice and does not establish an attorney-client relationship. Statutory references and procedural frameworks are intended to support informed governance, not to substitute for advice from qualified Colorado legal counsel. Boards and managers should consult their association’s attorney about the application of any statute, governing-document provision, or procedural decision to their specific circumstances. CIC-SC, its authors, and its members assume no liability for actions taken in reliance on this content.