Colorado Law · Meetings & Procedure

Colorado Board Meetings Under § 38-33.3-308: Openness, Owner Comment, and Executive Session

Colorado does not leave board-meeting openness to the bylaws. Section 38-33.3-308 opens board and committee meetings to owners, gives owners a right to speak before the board votes, and limits closed-door discussion to six listed topics. Most Colorado meeting disputes start with one of those three rules.

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 HB 22-1137 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

Section 38-33.3-308 of the Colorado Common Interest Ownership Act (CCIOA) sets four rules that shape every Colorado board meeting:

1. Open by default. All regular and special meetings of the executive board, and of any board committee, are open to owners or their representatives, and board agendas are to be reasonably available (§ 308(2)(a)). Section 308(2.5)(a) repeats the open-meeting rule “notwithstanding” contrary provisions in the declaration or bylaws.
2. Owners speak before the vote. Before the board votes on an issue under discussion, owners or their designated representatives are permitted to speak on it, subject to reasonable time restrictions (§ 308(2.5)(b)).
3. Six executive-session topics. The board may close a portion of a meeting only for the subjects listed in § 308(4), after the chair announces the general matter (§ 308(5)).
4. No rulemaking behind closed doors. No rule or regulation may be adopted in executive session (§ 308(6)), and the minutes indicate that the session occurred and its general subject (§ 308(7)).

Unless the bylaws specify a larger percentage, a board quorum is present when directors entitled to cast 50 percent of the board’s votes are present at the start of the meeting (§ 38-33.3-309(2)). Remote participation for directors comes from the Nonprofit Corporation Act, not from CCIOA itself (§ 7-128-201(2)).

Who This Reaches: Section 117 and Older Communities

CCIOA applies in full to condominiums, cooperatives and planned communities created on or after July 1, 1992. Communities created before that date get only the sections listed in § 38-33.3-117 (see the CCIOA overview). Meetings are one of the areas where the legislature reached back:

• Section 117(4) applies § 308(2) through (7), the open-meeting and executive-session provisions, to communities created before and after July 1, 1995, for board and committee meetings held on or after that date.
• Section 117(1.5)(i) lists § 308(1), (2)(b), (2.5) and (4.5) as applying to pre-1992 communities for events on or after January 1, 2006.
• Sections 308(2)(b) and (2.5) do not apply to an association that includes time-share units (§ 308(2)(b)(II), (2.5)(c)).

Section 117(2)’s conflict rule, which lets a pre-1992 declaration or bylaw control to the extent needed to avoid invalidating it, is written for the sections listed in § 117(1). Which sections reach a particular older community, and whether it has elected full CCIOA treatment under § 38-33.3-118, are questions boards commonly take to counsel.

What “Open” Means Under § 308(2)

Section 308(2)(a) covers regular and special meetings of the executive board and of any committee of the board, not only the formal monthly session. A board committee’s meeting is itself open.

Agendas are to be “reasonably available.” The association’s own practice is usually set in the meetings policy required by § 38-33.3-209.5(1)(b)(III) (see the responsible governance policies).

A board that deliberates by email and ratifies in two minutes leaves the owner-comment right little to do. See open meetings and the walking quorum.

Notice of board meetings

Owners’ meetings carry a 10-to-50-day notice window in § 308(1). The 2024 text sets no comparable minimum for executive board meetings. Section 308(2)(b) encourages the association to provide notices and agendas electronically, requires email notice of regular and special owners’ meetings to owners who request it and supply an address (where electronic means are available), and states that electronic notice of a special owners’ meeting is to be given as soon as possible but at least 24 hours before it. Those provisions are written for owners’ meetings, and the subsection does not apply to associations that include time-share units (§ 308(2)(b)(II)). For board meetings, § 308(2)(a) requires openness and reasonably available agendas; any board-meeting notice period comes from the bylaws or the meetings policy.

The Owner’s Right to Speak Before the Vote: § 308(2.5)

Section 308(2.5)(b) provides that, at an appropriate time determined by the board but before the board votes on an issue under discussion, owners or their designated representatives are permitted to speak on that issue. The board may place reasonable time restrictions on speakers. Where more than one person wants to speak and there are opposing views, the board provides for a reasonable number of speakers on each side.

• It is tied to the vote. The right attaches before the board acts. An owner forum held after the votes are taken does not do the same work.
• Timing and time limits belong to the board. Speaking time limits and a sign-in process are the kinds of controls boards commonly put in the meetings policy and apply the same way to every side.

Executive Session: The Six Topics in § 308(4)

The board or a committee may meet in executive session during a regular or specially announced meeting, and the matters discussed are limited to these (§ 308(3)–(4)):

Topic (e) was amended by HB 22-1137 (effective August 10, 2022) to name disciplinary hearings and delinquency referrals; the owner who is the subject may request and receive the results of any vote taken at that meeting. The same law provides that a delinquent account may be referred to a collection agency or attorney only on a majority board vote, recorded, at a meeting conducted under § 308(4)(e), and that a management company may not make the referral without that vote (§ 38-33.3-209.5(1.7)(a)(II)). Collections referrals and foreclosure authorizations carry statutory preconditions beyond the meeting rules; boards typically confirm with association counsel before taking either vote. See collections in Colorado.

The procedural guardrails

• Announce first. Before convening in executive session, the chair announces the general matter of discussion as enumerated in § 308(4) (§ 308(5)).
• No rules in private. No rule or regulation may be adopted in executive session; it may be adopted only in a regular or special meeting or after the body returns to regular session (§ 308(6)).
• Minutes show the session. The minutes indicate that an executive session was held and its general subject matter (§ 308(7)).
• Privilege after resolution. Once a matter on which the board received legal advice is finally resolved, the board may keep the privilege or choose to disclose information about it in an open meeting (§ 308(4.5)).

See also Executive Session: When to Use It and When You Can’t.

Executive session limits what owners hear, not what directors know: every board member has access to all association information any other board member has (§ 38-33.3-303(1)(b)).

Quorum and Board Action

Unless the bylaws specify a larger percentage, a board quorum is present throughout a meeting if directors entitled to cast 50 percent of the board’s votes are present at the beginning of the meeting or grant their proxy as provided in § 7-128-205(4) (§ 38-33.3-309(2)). The statute lets bylaws raise that figure; it does not say they may lower it.

Two Colorado decisions carry their own requirements on top of quorum:

• Collections referral: a majority board vote, recorded, at a meeting conducted under § 308(4)(e) (§ 209.5(1.7)(a)(II)).
• Foreclosure: the board formally resolves, by recorded vote, to authorize a legal action against the specific unit; the duty cannot be delegated to an attorney, insurer, manager or other person (§ 38-33.3-316(11)). See assessment liens and foreclosure in Colorado.

On both subjects the statute calls for the board itself to act on the record, not a manager’s routine practice. Whether a particular referral or foreclosure meets every precondition is a question for association counsel.

Remote Participation and Action Without a Meeting

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

• Board meetings by telecommunication: unless the bylaws provide otherwise, the board may permit directors to participate in, or conduct a meeting through, any means by which all participating directors can hear each other; those directors are deemed present in person (§ 7-128-201(2)).
• Board action without a meeting: unless the bylaws provide otherwise, a written notice goes to every director, and the action is taken only if enough affirmative written votes arrive by the stated time and no director has demanded in writing that the action not be taken without a meeting (§ 7-128-202).

Texas, by contrast, wrote electronic meetings and ballots into Chapters 82 and 209 directly in 2025 (SB 2629). Colorado associations look first to their bylaws and then to Title 7. Check the current statute before relying on the absence of a CCIOA remote-meeting rule.

How action without a meeting interacts with § 308’s open-meeting and owner-comment provisions is not addressed in the 2024 CCIOA text; boards typically confirm with counsel which matters suit it. Records of such actions are association records (§ 38-33.3-317(1)(c)–(d)).

Minutes and Records

Minutes of owners’ and board meetings, records of actions taken without a meeting, and records of board-committee actions are association records owners may examine and copy (§ 38-33.3-317(1)(c), (2)(a); see association records in Colorado). Records of an executive session are in the category the association may withhold (§ 317(3)(e)). Prior-year board and member minutes are also part of the annual disclosure (§ 38-33.3-209.4(2)).

Why This Matters

Owners who watched a decision being made, and spoke before it, have less reason to doubt the process. Minutes showing the agenda item, the owner comment and the vote are the plainest record of how a decision was reached. Executive session is a narrow tool: budget debates or contractor selection that fit none of the six topics belong in the open.

Common Mistakes & Pitfalls

Frequently Asked Questions

Are Colorado HOA board meetings open to owners?

C.R.S. § 38-33.3-308(2)(a) generally provides that all regular and special meetings of the executive board, and of any board committee, are open to attendance by all members of the association or their representatives, and that board agendas are to be made reasonably available. Section 308(3)–(4) permits a closed executive session only for listed subjects. How these rules apply to a particular meeting is a question for the association’s counsel.

Do owners have a right to speak at Colorado board meetings?

Section 38-33.3-308(2.5)(b) generally provides that, at an appropriate time determined by the board but before the board votes on an issue under discussion, owners or their designated representatives are permitted to speak on that issue. The board may place reasonable time restrictions on speakers and, where there are opposing views, provides for a reasonable number of speakers on each side. The subsection does not apply to associations that include time-share units (§ 308(2.5)(c)).

What topics can a Colorado HOA board discuss in executive session?

Section 38-33.3-308(4) lists six categories: employee matters and the managing agent’s contract; consultation with counsel on pending or imminent court proceedings or privileged matters; investigations of possible criminal misconduct; matters protected from public disclosure by law; matters whose disclosure would be an unwarranted invasion of individual privacy, including an owner disciplinary hearing and any referral of delinquency; and review of communications from legal counsel. Whether a given subject fits a category is a question for counsel.

Can a Colorado board vote in executive session?

Section 38-33.3-308(6) provides that no rule or regulation may be adopted during an executive session; a rule may be adopted only in a regular or special meeting or after the board returns to regular session. The chair announces the general matter before the session (§ 308(5)), and the minutes indicate that a session was held and its general subject (§ 308(7)). Separately, § 209.5(1.7)(a)(II) calls for a recorded board vote at a meeting conducted under § 308(4)(e) to refer a delinquent account. Boards typically ask counsel how these rules apply to any vote they intend to take in closed session.

How much notice of a board meeting does Colorado law require?

The 2024 text of CCIOA does not set a minimum notice period for executive board meetings. Section 308(2)(b) encourages electronic notices and agendas, and, for regular and special meetings of unit owners, provides for email notice to owners who request it and electronic notice of a special owners’ meeting at least 24 hours in advance. Those notice provisions address owners’ meetings, not board meetings. For board meetings, § 308(2)(a) requires that they be open and that agendas be reasonably available; any board-meeting notice period comes from the bylaws or the association’s meetings policy, and counsel can confirm how they apply.

Can a Colorado HOA board meet by video or phone?

The 2024 text of CCIOA contains no general remote-meeting section. The Colorado Revised Nonprofit Corporation Act provides that, unless the bylaws provide otherwise, the board may permit directors to participate in, or conduct a meeting through, any means by which all participating directors can hear each other (§ 7-128-201(2)). The bylaws and any later amendments can change the answer, so boards typically confirm with counsel.

Key Takeaways

• Board and board-committee meetings are open to owners, with agendas reasonably available (§ 308(2)(a), (2.5)(a)).
• Owners may speak on an issue before the board votes, subject to reasonable time restrictions (§ 308(2.5)(b)).
• Executive session is limited to six topics; the chair announces the matter first, no rule is adopted in private, and the minutes note the session (§ 308(3)–(7)).
• Disciplinary hearings and delinquency referrals fall under § 308(4)(e); the affected owner may request and receive the vote results.
• The open-meeting core of § 308 reaches pre-1992 communities too (§ 117(4), (1.5)(i)).
• Board quorum is 50 percent unless the bylaws specify a larger percentage (§ 309(2)); remote participation comes from § 7-128-201(2) unless the bylaws say otherwise.

References & Sources

1. C.R.S. § 38-33.3-308 — Meetings (subsections (1), (2)(a)–(b), (2.5), (3), (4), (4.5), (5), (6), (7)). Colorado Revised Statutes 2024, Title 38. content.leg.colorado.gov — crs2024-title-38.pdf
2. C.R.S. § 38-33.3-309(2) — Quorums (executive board).
3. C.R.S. § 38-33.3-117(1.5)(i), (2), (4) — Applicability to preexisting common interest communities; § 38-33.3-118 — Election of CCIOA treatment.
4. C.R.S. § 38-33.3-303(1)(b) — Board-member access to association information.
5. C.R.S. § 38-33.3-209.5(1)(b)(III), (1.7)(a)(II) — Meetings policy; recorded board vote to refer a delinquency.
6. C.R.S. § 38-33.3-316(11) — Recorded board vote before foreclosure.
7. C.R.S. §§ 38-33.3-317(1)(c)–(d), (2)(a), (3)(e) and 38-33.3-209.4(2) — Association records; annual disclosure.
8. C.R.S. §§ 7-128-201(2), 7-128-202 — Colorado Revised Nonprofit Corporation Act: board meetings by telecommunication; action without meeting. content.leg.colorado.gov — crs2024-title-07.pdf
9. HB 22-1137, HOA Board Accountability and Transparency (Session Laws 2022, ch. 367, effective August 10, 2022), amending § 38-33.3-308(4)(e). leg.colorado.gov/bills/hb22-1137

Related Resources & Additional Reading from the CIC-SC Library

• Colorado’s Common Interest Ownership Act (CCIOA): Overview for Board Members
• The Colorado Annual Owners’ Meeting — owners’ meeting notice, quorum, and the budget-ratification meeting.
• Colorado Board Elections, Secret Ballots, and Removal
• The Nine Responsible Governance Policies Under § 38-33.3-209.5
• Executive Session: When to Use It and When You Can’t
• Open Meetings and the Walking Quorum

Tags: Colorado HOA board meetings · § 38-33.3-308 · CCIOA open meetings · owner right to speak · executive session · § 308(4)(e) · board quorum § 309 · § 7-128-201 · HB 22-1137 · Colorado HOA governance · meeting procedure

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.