Can a Colorado HOA board meet entirely by video?

For an association organized as a nonprofit corporation, § 7-128-201(2) permits a board meeting by any means through which all participating directors can hear each other, unless the bylaws provide otherwise. CCIOA’s open-meeting and owner-comment rules (§ 38-33.3-308(2)(a), (2.5)) still apply. Whether a particular format satisfies them is a question for the association’s counsel.

Can a Colorado annual meeting be held online?

Unless the bylaws provide otherwise, § 7-127-108 allows members to participate in, or the meeting to be conducted through, any means by which all participants can hear each other, and participants are deemed present in person. CCIOA’s 10-to-50-day notice, posting, and agenda requirements in § 308(1) still apply. How the bylaws affect this is a question for counsel.

Can owners vote electronically without a meeting?

Unless the bylaws provide otherwise, § 7-127-109 allows owner action by written ballot delivered to every voting member, with quorum and approval thresholds measured as if at a meeting and required statements in each solicitation. A contested board election is also subject to CCIOA’s secret-ballot and counting rules in § 310(1)(b). Counsel can address how these apply to a particular vote.

Are electronic proxies valid in Colorado?

Section 7-127-203(2)(b) recognizes proxy appointment by electronic transmission with evidence that the member sent or authorized it. CCIOA § 310(2) adds that a proxy is void if undated or revocable without notice, and ends 11 months after its date unless it states an earlier date. Whether a particular proxy is valid is a question for counsel.

Colorado Law · Meetings & Procedure

Virtual and Electronic Board Meetings in Colorado: Rules and Requirements

Colorado associations meet by video every week, yet the Colorado Common Interest Ownership Act says almost nothing about it. The legal basis for a remote meeting is in the Colorado Revised Nonprofit Corporation Act. CCIOA’s rules on open meetings, owner comment, secret ballots, and proxies still apply on screen, so a remote meeting has to account for both statutes.

By the CIC-SC Editorial Team Updated November 8, 2026 Reading time: ~10 minutes Audience: Colorado Boards, Officers, Managers

Educational notice. This information is educational in nature and should not be construed as legal advice. Statutory language is quoted from the Colorado Common Interest Ownership Act and the Colorado Revised Nonprofit Corporation Act as published by the Colorado General Assembly (Colorado Revised Statutes 2024), checked against SB 22-059 (effective August 10, 2022); later amendments are possible. Consult qualified association counsel regarding legal interpretation specific to your jurisdiction.

The Statutes That Govern a Colorado Remote Meeting

In the 2024 text, CCIOA (C.R.S. §§ 38-33.3-101 to -402) has no general section authorizing remote meetings or electronic voting. CICSC’s review of 2021–2026 enacted bills found none that added one. That review was not exhaustive; counsel can confirm the current text. Remote governance in Colorado therefore draws on two layers:

The Colorado Revised Nonprofit Corporation Act (C.R.S. Title 7, Articles 121–137). It supplies the default rules for meetings by telecommunication, written ballots, written consent, and electronic proxies. Each default yields to contrary bylaws. The Act governs associations organized as Colorado nonprofit corporations; CCIOA also allows other entity forms (§ 38-33.3-301), which look to their own entity statute and documents.
CCIOA’s meeting and voting rules in §§ 38-33.3-308 (open meetings, owner comment, executive session, notice), -309 (quorum), and -310 (secret ballots, proxies). Going remote does not suspend any of them.

This is a structural difference from the Texas and Florida frameworks, where the association statutes address electronic meetings directly. See the Texas and Florida guides.

Board Meetings by Phone or Video: § 7-128-201(2)

“Unless otherwise provided in the bylaws, the board of directors may permit any director to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting.”

The test is hearing, not seeing. The statute speaks of directors who “may hear each other.” Board action by e-mail is addressed separately, by § 7-128-202.
Remote directors count toward quorum. They are deemed present in person. Unless the bylaws specify more, CCIOA’s board quorum default is directors entitled to cast 50% of the board’s votes present at the start of the meeting (§ 38-33.3-309(2)).
The bylaws can narrow or remove the option. Older bylaws sometimes require in-person meetings or a stated location.

Owners Must Still Be Able to Attend and Speak

Section 7-128-201(2) addresses directors, not owners. CCIOA addresses owners: board meetings are open to all members, agendas must be reasonably available (§ 308(2)(a)), and owners must be permitted to speak before the board votes, subject to reasonable limits (§ 308(2.5)). CCIOA does not say how that works when a meeting is entirely on video. Associations generally:

Put the video link and a dial-in number with the agenda, wherever the association posts agendas.
Provide a phone-only option for owners without video.
Set an owner-comment point on the agenda before each vote, and announce how remote owners will be recognized (raised hand, chat queue, or call order).
Keep a fallback (a second dial-in or a recess-and-reconvene plan) in case the platform fails before a vote.

Whether a particular format satisfies § 308 for a particular association is a question for counsel.

Which communities this reaches. The open-board-meeting and executive-session rules in § 308(2) to (7) apply to all Colorado common interest communities for meetings on or after July 1, 1995 (§ 38-33.3-117(4)). The owner right to speak (§ 308(2.5)), electronic notice (§ 308(2)(b)), owner-meeting notice (§ 308(1)), and the secret-ballot and proxy rules (§ 310(1)–(2)) reach pre-1992 communities from January 1, 2006 (§ 117(1.5)(i)–(j)). Sections 308(2)(b) and (2.5) and § 310(1)(b) do not apply to associations that include time-share units. The quorum defaults in § 309 are not on § 117’s list. Which rules reach a particular older community is a question for counsel.

Owners’ Meetings by Telecommunication: § 7-127-108

For annual and special owners’ meetings, the parallel default is § 7-127-108. Unless the bylaws provide otherwise, any or all members may participate by, or the meeting may be conducted through, any means by which all participants can hear each other, and a member participating that way is deemed present in person.

Notice. CCIOA generally requires notice of an owners’ meeting 10 to 50 days in advance, hand-delivered or mailed, physically posted where feasible, and stating the time, place, and agenda (§ 308(1)), plus e-mail notice to owners who request it if electronic means are available (§ 308(2)(b)(I)).
“Place” in a virtual meeting. Section 308(1) requires the notice to state the time and place. For a fully virtual meeting, associations typically state the access link and dial-in as the place, and some also name a physical location. How to describe the place for a given meeting is a question for counsel.
Quorum. Unless the bylaws provide otherwise, 20% of the votes (10% if the association has more than 1,000 owners) present in person or by proxy at the start of the meeting (§ 309(1)). Remote participants are deemed present in person under § 7-127-108, and associations commonly verify each owner’s identity at sign-in.

Electronic Voting Without a Meeting

Written ballots: § 7-127-109

Unless the bylaws provide otherwise, any action that may be taken at an owners’ meeting may be taken without one by delivering a written ballot to every member entitled to vote. The ballot must state each proposed action and allow a vote for or against each. Approval is valid only if the ballots cast at least meet the quorum for a meeting, and the approvals at least equal what would be required at a meeting with the same number of votes cast. Each solicitation must state the responses needed for quorum, the approval percentage for each matter other than director elections, and the return deadline, with enough information for an informed decision (§ 7-127-109(4)). Unless the bylaws say otherwise, a written ballot cannot be revoked.

Unanimous written consent: § 7-127-107

Unless the bylaws provide otherwise, owners may act without a meeting by unanimous written consent, with the signed writings received within 60 days of the earliest one, including by fax or other wire or wireless transmission of a complete copy. It is rarely practical outside very small communities.

Board action without a meeting: § 7-128-202

For directors, § 7-128-202 allows action without a meeting by written notice to every director. E-mail is permitted unless the bylaws say otherwise. The action passes if the written yes votes equal the number needed with all directors present and no director demands a meeting. See Urgent Board Action in Colorado for the mechanics and the open question about owner-comment rights.

Secret Ballots in an Electronic Format

CCIOA requires that votes for contested board positions be taken by secret ballot, unless the documents provide for election by delegates. Any owner vote must also be by secret ballot at the board’s discretion, or on request of 20% of the owners present or represented by proxy once a quorum is reached (§ 310(1)(b)(I)(A)–(B)). Ballots are counted by a neutral third party, or by a committee of owner volunteers selected at an open meeting who are not board members and, in a contested election, not candidates. Results are reported without identifying the owners who voted (§ 310(1)(b)(I)(C)–(D)).

The statute does not describe electronic secret ballots. The practical question boards face is whether a platform can confirm that each vote came from an eligible owner while keeping how that owner voted hidden from the board and anyone who is not a counter. Platforms differ, and boards commonly ask vendors how voter identity is separated from ballot content. Whether a given platform satisfies § 310 is a question for counsel.

The association may reject a vote, consent, written ballot, waiver, or proxy if the officer or agent counting votes, acting in good faith, has a reasonable basis to doubt the signature or the signer’s authority. Good-faith acceptance or rejection under these standards does not create liability in damages (§ 310(2)(c)–(d)). Ballots and proxies are association records kept for one year (§ 38-33.3-317(1)).

Electronic Proxies

A proxy may be appointed by a signed form or by an electronic transmission, as long as the transmission includes or comes with written evidence that the member sent or authorized it (§ 7-127-203(2)). Unless the declaration, bylaws, or rules provide otherwise, CCIOA lets proxies be appointed substantially as § 7-127-203 provides (§ 310(2)(a)). CCIOA adds its own limits:

A proxy obtained by fraud or misrepresentation is not valid (§ 310(2)(a)).
A proxy is void if it is undated or purports to be revocable without notice. It may be revoked only by actual notice to the person presiding. It ends 11 months after its date unless it states an earlier date (§ 310(2)(b), as amended by SB 22-059).

Because an undated proxy is void, e-signature workflows commonly capture the date and an identifiable sender.

Director proxies are different. Directors may not vote by proxy unless the bylaws allow it. If they do, the proxy must be a signed written proxy to another director who is present, directing the vote on a proposal described with reasonable specificity (§ 7-128-205(4); § 38-33.3-309(2)).

Executive Session in a Virtual Meeting

The executive-session rules in § 308(3)–(7) apply unchanged: six permitted subjects, the chair’s announcement, no rules adopted in closed session, and a minutes notation. Online, boards commonly use a separate breakout or link limited to directors and invited persons, readmit owners before any open-session vote, and pause any recording for the closed portion.

Hybrid Meetings

Many Colorado associations meet in a clubhouse with a video and phone bridge, which also lets owners without reliable internet attend in person. Because § 7-128-201(2) turns on directors being able to hear each other, the usual failure point is the room microphone.

Common Procedural Failures

Relying on the Nonprofit Act default without reading the bylaws. Every default in §§ 7-127-107, -108, -109, 7-128-201, and -202 yields to contrary bylaws.

A meeting owners cannot join. A link sent only to directors, or a webinar format with no way for owners to speak, sits poorly with § 308(2)(a) and (2.5).

An election platform that shows the board who voted for whom. Contested board elections require a secret ballot, and results must be reported without identifying voters (§ 310(1)(b)).

Frequently Asked Questions

Can a Colorado HOA board meet entirely by video?: For an association organized as a nonprofit corporation, § 7-128-201(2) permits a board meeting by any means through which all participating directors can hear each other, unless the bylaws provide otherwise. CCIOA’s open-meeting and owner-comment rules (§ 38-33.3-308(2)(a), (2.5)) still apply. Whether a particular format satisfies them is a question for the association’s counsel.
Can a Colorado annual meeting be held online?: Unless the bylaws provide otherwise, § 7-127-108 allows members to participate in, or the meeting to be conducted through, any means by which all participants can hear each other, and participants are deemed present in person. CCIOA’s 10-to-50-day notice, posting, and agenda requirements in § 308(1) still apply. How the bylaws affect this is a question for counsel.
Can owners vote electronically without a meeting?: Unless the bylaws provide otherwise, § 7-127-109 allows owner action by written ballot delivered to every voting member, with quorum and approval thresholds measured as if at a meeting and required statements in each solicitation. A contested board election is also subject to CCIOA’s secret-ballot and counting rules in § 310(1)(b). Counsel can address how these apply to a particular vote.
Are electronic proxies valid in Colorado?: Section 7-127-203(2)(b) recognizes proxy appointment by electronic transmission with evidence that the member sent or authorized it. CCIOA § 310(2) adds that a proxy is void if undated or revocable without notice, and ends 11 months after its date unless it states an earlier date. Whether a particular proxy is valid is a question for counsel.
Did Colorado pass a law on virtual HOA meetings?: The 2024 CCIOA text contains no general remote-meeting or electronic-voting section, and CICSC’s review of 2021–2026 enactments found none that added one. That review was not exhaustive. Remote meetings currently rest on the Nonprofit Act defaults and the association’s bylaws; counsel can confirm current law.

Key Takeaways

CCIOA has no general remote-meeting section. The Nonprofit Act supplies the defaults for board (§ 7-128-201(2)) and owner (§ 7-127-108) meetings by telecommunication, and the bylaws can override them.
The test is that all participants can hear each other. Remote participants are deemed present in person.
CCIOA’s open-meeting, owner-comment, and executive-session rules apply on screen. Owners need a way in and a way to speak before votes.
Written ballots (§ 7-127-109) and electronic proxies (§ 7-127-203) are available unless the bylaws say otherwise, subject to CCIOA’s secret-ballot and proxy rules in § 310.
Election technology is commonly chosen to keep contested-election ballots secret and proxies dated.

References & Sources

C.R.S. § 38-33.3-308 — Meetings. C.R.S. § 38-33.3-309 — Quorums. C.R.S. § 38-33.3-310 — Voting; proxies. C.R.S. § 38-33.3-117(1.5), (4); § 38-33.3-301; § 38-33.3-317(1). Colorado Revised Statutes 2024, Title 38. content.leg.colorado.gov — crs2024-title-38.pdf
C.R.S. §§ 7-127-107, 7-127-108, 7-127-109, 7-127-203, 7-128-201, 7-128-202, 7-128-205 — Colorado Revised Nonprofit Corporation Act. content.leg.colorado.gov — crs2024-title-07.pdf
SB 22-059, HOA Voting Proxy Limitations (ch. 34, effective August 10, 2022). leg.colorado.gov/bills/sb22-059

Related Resources & Additional Reading from the CIC-SC Library

Urgent Board Action in Colorado — special meetings and § 7-128-202 written action.
The Election Clock: Colorado — notice, record date, and ballot timing.
Proxies and Absentee Ballots — proxy discipline across states.
Election Night Operations — check-in, verification, and counting.
Executive Session: When to Use It and When You Can’t.

Tags: Colorado virtual board meetings · electronic HOA meetings · C.R.S. § 7-128-201 · § 7-127-108 · written ballot § 7-127-109 · electronic proxy · secret ballot § 38-33.3-310 · CCIOA § 38-33.3-308 · hybrid meetings · 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-format decision to their specific circumstances. CIC-SC, its authors, and its members assume no liability for actions taken in reliance on this content.