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The Colorado Annual Owners' Meeting: Notice, Quorum, Voting, and the Budget-Ratification Meeting

CIC-SC Editorial Team··~11 minutes read

Colorado Law · Meetings & Procedure · Annual Owners’ Meeting

The Colorado Annual Owners’ Meeting: Notice, Quorum, Voting, and the Budget-Ratification Meeting

Colorado owners’ meetings run on one notice rule, one quorum default, and one voting statute for every type of community. The annual meeting may carry a director election or none at all. Beside it sits a second owners’ meeting most Texas and Florida readers have never seen: the meeting where owners can veto the budget.

By the CIC-SC Editorial Team Updated November 8, 2026 Reading time: ~11 minutes Audience: Colorado Boards, Secretaries, 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 2024 edition (Titles 38 and 7) and SB 22-059 as enacted; later amendments are possible, so check the current statute. Consult qualified association counsel regarding legal interpretation specific to your jurisdiction.

The Short Version

  • At least once a year. Owners’ meetings are held at least annually (§ 38-33.3-308(1)).
  • 10 to 50 days’ notice, by hand delivery or mail to each unit, plus physical posting where feasible, stating time, place, and agenda items (§ 308(1)).
  • Certain items are flagged in the notice: the general nature of any proposed declaration or bylaw amendment, any budget changes, and any proposal to remove an officer or board member (§ 308(1)).
  • Default quorum is 20 percent of the votes, or 10 percent in an association with over 1,000 unit owners, unless the bylaws provide otherwise (§ 309(1)).
  • Contested board seats are decided by secret ballot, counted by a neutral third party or by owner volunteers who meet the statute’s criteria (§ 310(1)(b)).
  • The budget meeting is different. Unless the declaration requires otherwise, the budget is deemed approved unless a majority of all owners vetoes it, quorum or not (§ 303(4)(a)).

Who This Reaches: Section 117 and Older Communities

CCIOA applies in full to communities created on or after July 1, 1992. For communities created before that date, § 38-33.3-117 lists which sections apply and from when:

RuleSectionApplies to pre-1992 communities
Annual meeting, special meetings, notice§ 308(1)Events on or after January 1, 2006 (§ 117(1.5)(i))
Secret ballots and proxies§ 310(1), (2)Events on or after January 1, 2006 (§ 117(1.5)(j))
Budget adoption and owner veto§ 303(4)(a)Events on or after July 1, 2017 (§ 117(1.8))
Audit or review on owner request§ 303(4)(b)Events on or after January 1, 2006 (§ 117(1.5)(h))

Not on the § 117 list: the § 309 quorum defaults and the § 303(8) removal rule. Small communities exempted under § 38-33.3-116 or § 38-33.3-119 are subject only to §§ 105–107 unless they opt in. Associations that include time-share units are excluded from § 310(1)(b) and § 303(4)(b) (§§ 310(1)(b)(II), 303(4)(b)(V)). Whether a community is pre-1992, exempt, or has elected full CCIOA treatment under § 38-33.3-118 is a threshold question boards commonly take to counsel; the CCIOA overview explains the categories.

The Annual Meeting and Special Meetings

Section 308(1) provides that owners’ meetings are held at least once each year. Special meetings may be called by the president, by a majority of the board, or by owners having 20 percent of the votes, or any lower percentage the bylaws specify. The bylaws can lower the 20 percent petition threshold; the text does not let them raise it.

Notice: The 10-to-50-Day Window

Not less than 10 nor more than 50 days before an owners’ meeting, the secretary or another officer named in the bylaws causes notice to be hand delivered or mailed, postage prepaid, to the mailing address of each unit or another address the owner designates in writing. The notice is also physically posted in a conspicuous place where feasible and practicable (§ 308(1)). The notice states:

  • the time and place of the meeting;
  • the items on the agenda;
  • the general nature of any proposed amendment to the declaration or bylaws;
  • any budget changes; and
  • any proposal to remove an officer or member of the executive board.

Where electronic means are available, owners who request it and supply an address also receive email notice of regular and special owners’ meetings, and electronic notice of a special owners’ meeting goes out at least 24 hours in advance (§ 308(2)(b)(I)); that subsection does not apply to associations with time-share units (§ 308(2)(b)(II)).

The removal item connects to § 38-33.3-303(8), which lets owners remove a board member at a meeting (see board elections and removal). A removal effort commonly begins with an owner petition for a special meeting under § 308(1).

The meetings policy under § 38-33.3-209.5(1)(b)(III) is the usual place to record the association’s own timeline (see the responsible governance policies).

Quorum

Unless the bylaws provide otherwise, a quorum is deemed present throughout an owners’ meeting if persons entitled to cast 20 percent of the votes that may be cast for election of the board, or 10 percent in an association with over 1,000 unit owners, are present in person or by proxy at the beginning of the meeting (§ 38-33.3-309(1)). Votes allocated to a unit the association owns may not be cast (§ 310(4)).

When quorum fails, the bylaws typically govern adjournment; the budget veto rule operates whether or not a quorum is present (below).

Voting at the Meeting

Secret ballots

Votes for contested board positions are taken by secret ballot unless the documents provide for election by delegates; other all-owner votes go to secret ballot at the board’s discretion or on request of 20 percent of owners present or by proxy once a quorum is achieved. Ballots are counted by a neutral third party or by owner volunteers selected at an open meeting who are not board members and, in a contested election, not candidates (§ 310(1)(b)). Details are in board elections and removal.

Proxies

Under § 310(2), a proxy obtained through fraud or misrepresentation is not valid; an undated proxy, or one that purports to be revocable without notice, is void; revocation is only by actual notice to the person presiding; and a proxy terminates 11 months after its date unless it states an earlier date (SB 22-059, effective August 10, 2022). The association may reject a vote or proxy on a good-faith, reasonable doubt about the signature or authority (§ 310(2)(c)–(d)). See proxies and absentee ballots.

Remote participation and written ballots

The 2024 text of CCIOA contains no general remote-meeting or electronic-voting section. The defaults come from the Colorado Revised Nonprofit Corporation Act, each subject to contrary bylaws:

  • Meetings by telecommunication. Members may participate in, or the meeting may be conducted through, any means by which all participants can hear each other; participants are deemed present in person (§ 7-127-108).
  • Written ballot. Action that may be taken at a members’ meeting may be taken by written ballot delivered to every member entitled to vote. Approval is valid only when the ballots cast equal or exceed the meeting quorum and the approvals equal or exceed what a meeting would require. The solicitation states the responses needed for quorum, the approval percentage (other than for director elections), and the deadline, and includes information sufficient for an informed decision. Written ballots may not be revoked unless the bylaws provide otherwise (§ 7-127-109).
  • Unanimous written consent. Members entitled to vote may act without a meeting by unanimous written consent; the writings are effective only if received within 60 days after the earliest-dated writing is received (§ 7-127-107).
  • Electronic proxies. A proxy may be appointed by electronic transmission (§ 7-127-203(2)(b)); CCIOA lets proxies be appointed substantially as § 7-127-203 provides unless the association’s documents or rules provide otherwise (§ 310(2)(a)).
What the board does not decide. Section 38-33.3-303(3)(a) provides that the executive board may not act for the association to amend the declaration, terminate the community, elect board members, or set board members’ qualifications, powers, duties or terms. The board may fill vacancies for the unexpired portion of a term.

The Budget-Ratification Meeting: § 303(4)

Texas has no statutory owner budget veto. Colorado does:

  1. The board adopts a proposed budget.
  2. Within 90 days after adoption, the board mails by first-class mail or otherwise delivers a summary of the budget to all owners (posting the proposed budget on the association’s website is an allowed method) and sets a date for an owners’ meeting to consider it. The meeting occurs within a reasonable time after delivery of the summary, or as the bylaws allow, with notice as the bylaws allow (§ 303(4)(a)(I)).
  3. At the meeting, unless the declaration requires otherwise, the budget does not require owner approval. It is deemed approved unless vetoed by a majority of all unit owners, or by a class majority or any larger percentage the declaration specifies, whether or not a quorum is present (§ 303(4)(a)(II)(A)).
  4. If vetoed, the periodic budget last proposed by the board and not vetoed continues until a later proposed budget is not vetoed (§ 303(4)(a)(II)(A)).

Note the denominator: a veto is measured against all unit owners, not against those who attend.

The veto procedure does not apply to a community formed before July 1, 1992 whose declaration sets a maximum assessment or caps annual budget increases, where the proposed budget stays within that limit (§ 303(4)(a)(II)(B)).

Some associations combine the budget and annual meetings; each carries its own notice and delivery provisions (§§ 308(1), 303(4)(a)(I)). For building the budget, see adopting the operating budget.

Audit or review on owner request

At the board’s discretion, the books and records are subject to an audit under generally accepted auditing standards or a review under the accounting-and-review standards, by an independent and qualified person the board selects; that person must be a CPA only for an audit. An audit is required only when annual revenues or expenditures are at least $250,000 and owners of at least one-third of the units request it; a review is required only when owners of at least one-third of the units request it. Copies are made available on request to any owner beginning no later than 30 days after completion (§ 303(4)(b)).

The Annual Cycle Around the Meeting

Two recurring duties often travel with the annual meeting: the annual disclosure within 90 days after each fiscal year-end, which includes the budget, financial statements, insurance list, governing documents and prior-year minutes (§ 38-33.3-209.4(2)), and free owner education at least annually (§ 38-33.3-209.7). Annual registration with the Division of Real Estate is separate; see registering with DORA.

Why This Matters

The 10-to-50-day window and the listed notice contents are the first things a challenger can measure. And because owners hold a statutory budget veto, the budget summary and its explanation matter; see the budget narrative owners will read.

Common Mistakes & Pitfalls

Pitfall 1: Using a Texas or Florida notice window. Colorado’s owners’-meeting window is 10 to 50 days (§ 308(1)). Templates borrowed from other states often use different numbers.
Pitfall 2: An incomplete notice. Section 308(1) calls for the notice to state the general nature of proposed declaration or bylaw amendments, any budget changes, and any removal proposal.
Pitfall 3: Treating the budget meeting as an approval vote. Unless the declaration says otherwise, § 303(4)(a)(II)(A) frames the meeting as a veto opportunity, not an approval vote.
Pitfall 4: Board members counting a contested election. Section 310(1)(b)(I)(C) calls for a neutral third party or owner volunteers who are not board members and not candidates.
Pitfall 5: Stale proxies. A proxy terminates 11 months after its date unless it states an earlier date, and an undated proxy is void (§ 310(2)(b)).
Pitfall 6: A written ballot missing required contents. Section 7-127-109(4) lists what every solicitation states, and § 7-127-109(3) ties validity to the meeting quorum and approval threshold.

Frequently Asked Questions

How often must a Colorado HOA hold an owners’ meeting?

C.R.S. § 38-33.3-308(1) generally provides that meetings of the unit owners, as members of the association, are held at least once each year. Special meetings may be called by the president, by a majority of the executive board, or by owners having 20 percent, or any lower percentage specified in the bylaws, of the votes in the association. For communities created before July 1, 1992, § 308(1) applies to events on or after January 1, 2006 (§ 117(1.5)(i)); counsel can confirm how it applies to a particular community.

How much notice is required for a Colorado owners’ meeting?

Section 38-33.3-308(1) generally provides for notice not less than 10 nor more than 50 days before an owners’ meeting, hand delivered or mailed to each unit’s mailing address (or another address the owner designates in writing), plus physical posting in a conspicuous place where feasible. The notice states the time, place and agenda items, including the general nature of any proposed declaration or bylaw amendment, any budget changes, and any proposal to remove an officer or board member. Whether a particular notice meets the statute is a question for counsel.

What is the quorum for a Colorado owners’ meeting?

Unless the bylaws provide otherwise, § 38-33.3-309(1) provides that a quorum is present throughout an owners’ meeting if persons entitled to cast 20 percent of the votes that may be cast for election of the board, or 10 percent in an association with over 1,000 unit owners, are present in person or by proxy at the beginning of the meeting. The bylaws often set a different figure. Section 309 is not among the sections § 117 lists for pre-1992 communities, so older communities typically confirm their quorum rule with counsel.

How does the Colorado budget-ratification meeting work?

Under § 38-33.3-303(4)(a), within 90 days after adopting a proposed budget the board delivers a budget summary to all owners and sets an owners’ meeting to consider it. Unless the declaration requires otherwise, the budget does not require owner approval and is deemed approved unless vetoed at that meeting by a majority of all unit owners (or a class majority or larger percentage the declaration specifies), whether or not a quorum is present. A pre-1992 carve-out applies where the declaration caps assessments (§ 303(4)(a)(II)(B)). Counsel can confirm how the procedure applies to a particular declaration.

Can a Colorado annual meeting be held online?

The 2024 text of CCIOA contains no general remote-meeting section. The Colorado Revised Nonprofit Corporation Act provides that, unless the bylaws provide otherwise, members may participate in, or the meeting may be conducted through, any means by which all participants can hear each other, and participants are deemed present in person (§ 7-127-108). The bylaws and later amendments can change the answer, so boards typically confirm with counsel.

Can owners vote by mail instead of at a meeting?

The Nonprofit Act provides that, unless the bylaws provide otherwise, action that may be taken at a members’ meeting may be taken by written ballot delivered to every member entitled to vote (§ 7-127-109). Approval is valid only when the ballots cast equal or exceed the meeting quorum and the approvals equal or exceed the number a meeting would require. The solicitation states the responses needed for quorum, the approval percentage, and the deadline. How written ballots interact with CCIOA’s secret-ballot rule for contested seats (§ 38-33.3-310(1)(b)) is a question boards commonly take to counsel.

Key Takeaways

  • Owners’ meetings are held at least annually; owners with 20 percent of the votes (or less, if the bylaws say so) can call a special meeting (§ 308(1)).
  • Notice runs 10 to 50 days and flags amendments, budget changes, and removal proposals (§ 308(1)).
  • Default quorum is 20 percent (10 percent above 1,000 unit owners) unless the bylaws provide otherwise (§ 309(1)).
  • Contested seats use a secret ballot and a neutral count; proxies terminate at 11 months (§ 310).
  • Unless the declaration requires otherwise, the budget is deemed approved unless a majority of all owners vetoes it, with or without a quorum (§ 303(4)(a)).
  • Remote meetings and written ballots rest on Nonprofit Act defaults that the bylaws can change.

References & Sources

  1. C.R.S. § 38-33.3-308(1), (2)(b) — Meetings: annual and special owners’ meetings; notice. Colorado Revised Statutes 2024, Title 38. content.leg.colorado.gov — crs2024-title-38.pdf
  2. C.R.S. § 38-33.3-309(1) — Quorums (owners’ meetings).
  3. C.R.S. § 38-33.3-310(1)(b), (2), (4) — Voting: secret ballots, proxies, association-owned units.
  4. C.R.S. § 38-33.3-303(3)(a), (4)(a)–(b), (8) — Limits on board powers; budget adoption and owner veto; audit or review; removal.
  5. C.R.S. §§ 38-33.3-116, -117(1.5), (1.8), -118, -119 — Applicability to small and pre-1992 communities; election to opt in.
  6. C.R.S. §§ 38-33.3-209.4(2), 209.5(1)(b)(III), 209.7 — Annual disclosure; meetings policy; owner education.
  7. C.R.S. §§ 7-127-107, 7-127-108, 7-127-109, 7-127-203 — Colorado Revised Nonprofit Corporation Act: action without meeting, meetings by telecommunication, written ballot, proxies. content.leg.colorado.gov — crs2024-title-07.pdf
  8. SB 22-059, HOA Voting Proxy Limitations (Session Laws 2022, ch. 34, effective August 10, 2022), amending § 38-33.3-310(2)(b). leg.colorado.gov/bills/sb22-059

Related Resources & Additional Reading from the CIC-SC Library

Build the annual calendar once.
The CIC-SC Board Operating Standard in the Open Library sets out a meeting calendar, notice checklist, and vote-count protocol. Explore the Colorado resource hub.

Tags: Colorado annual owners meeting · § 38-33.3-308(1) · 10 to 50 day notice · owners meeting quorum § 309 · budget ratification · owner budget veto § 303(4) · secret ballot § 310 · proxies · § 7-127-108 · written ballot § 7-127-109 · SB 22-059 · Colorado HOA governance

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 meeting-procedure decision to their specific circumstances. CIC-SC, its authors, and its members assume no liability for actions taken in reliance on this content.

Published by the Common Interest Community Standards Council (CICSC). Part of the CICSC Member Education Library. © 2026 CICSC. Educational use permitted with attribution.

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