Colorado HOA Voting Rules (CCIOA)

The Colorado HOA voting rules are primarily based on the Colorado Common Interest Ownership Act (CCIOA), found in Title 38, Article 33.3 of the Colorado Revised Statutes. 

CCIOA sets quorum defaults, secret-ballot rules, proxy limits, and required association policies.

Here is a practical breakdown for boards and owners. Boards new to elections can start with the basics of HOA board voting rules.

What quorum percentage does CCIOA require for HOA board and membership votes, and how can homeowners verify their association’s bylaws comply with this standard?

The quorum rule is in § 38-33.3-309. For meetings of unit owners, the default is persons entitled to cast 20 percent of the votes that may be cast for election of the executive board, or 10 percent in an association with more than 1,000 unit owners.

For the executive board, quorum is 50 percent of board votes present at the start of the meeting. The Colorado Division of Real Estate’s HOA Center notes that bylaws can set a different figure, so the statute is a default.

To check your association, compare these documents: the declaration, the bylaws, and any election or meeting policy. Find the stated quorum, compare it to the statutory default, and note whether your documents cite a figure that conflicts with the statute. If you find a mismatch, ask the board to consult the association’s attorney, since a quorum rule that cannot be defended puts votes at risk.

 

 

Under CCIOA, what specific voting rights protections exist for homeowners when an HOA proposes special assessments or amends governing documents?

Colorado’s budget process gives owners a veto. Within 90 days after adopting a proposed budget, the board must send owners a summary, and the budget is deemed approved unless a majority of all unit owners vote to reject it at the noticed meeting (§ 38-33.3-303).

No quorum is required for that veto, and if owners reject the budget, the last non-vetoed budget continues. Owners should ask to review the budget versus actual report and reserve fund status first. We could not confirm CCIOA language on a separate special assessment approval threshold, so check your declaration.

Amendments are governed by § 38-33.3-217. Unless the declaration says otherwise, amendments need more than 50 percent of the votes, and the declaration can require a larger percentage up to a 67 percent cap.

Amendments to certain matters, such as special declarant rights, unit boundaries, and allocated interests, require 67 percent, and a challenge to an amendment generally must be brought within one year of recording. Always record the amendment and keep the vote tally. If you need the steps, here is how to amend HOA bylaws.

How does CCIOA regulate proxy voting and absentee ballots for Colorado HOA elections, including any restrictions on proxy assignment?

Section 38-33.3-310 covers elections and proxies. It requires a secret ballot for contested executive board positions, and for other matters a secret ballot is available at the board’s discretion or on request.

Ballots are counted by a neutral third party or a committee of volunteers, and in a contested board election the volunteers cannot be board members or candidates. Results are reported without identifying information.

Proxies must be duly executed, and a proxy ends 11 months after its date unless it states an earlier date, according to the Division of Real Estate. An association can reject a proxy when there is reasonable doubt about the signature. We did not find a CCIOA cap on how many proxies one person can hold, so check your bylaws.

On electronic voting, CAI’s state chart says nothing in CCIOA precludes it, and the Colorado nonprofit act supports written ballots and board action by electronic means when the bylaws allow. Section 310 itself does not address electronic voting, so the rules for CCIOA electronic voting come from the bylaws and the nonprofit act. Learn more about HOA electronic voting.

What steps should an HOA board take to ensure they’re complying with state-specific voting regulations?

Use a checklist:

• Review governing documents for quorum, voting, and notice rules, and compare them to CCIOA.
• Adopt the CCIOA required policies. § 38-33.3-209.5 lists nine: collection of unpaid assessments, conflict of interest, conduct of meetings, covenant enforcement, inspection of records, investment of reserves, adopting and amending policies, alternative dispute resolution, and reserve study.
• Follow notice rules. Meeting notice must be given 10 to 50 days ahead (§ 38-33.3-308).
• Keep records. Retain ballots, proxies, and tallies, and document quorum calculations.
• Review annually with counsel and train directors on updates.

Colorado’s HOA Information and Resource Center offers education and registration data but does not investigate or resolve disputes (HOA Center). Integrated software that stores voting records, quorum calculations, and assessment vote documents makes these steps easier.

Stay Compliant in Colorado With HOA Start Software

CCIOA compliance is easier when policies, notices, and votes live in one place. 

HOA Start’s HOA software gives your board one place to run online voting for board elections and member polls, send notices to every owner, schedule meetings and keep minutes in Boardroom, and keep voting records organized for the next cycle.

Start your free trial or schedule a demo.

Frequently Asked Questions

What is the default CCIOA quorum?

• For meetings of unit owners, the default is persons entitled to cast 20 percent of the votes that may be cast for election of the executive board.
• In an association with more than 1,000 unit owners, the default drops to 10 percent.
• For the executive board, quorum is 50 percent of board votes present at the start of the meeting.
• The Division of Real Estate’s HOA Center notes that bylaws can set a different figure, so compare your documents to the statutory default.

Can owners veto the budget?

• Yes. Within 90 days after adopting a proposed budget, the board must send owners a summary, and the budget is deemed approved unless a majority of all unit owners vote to reject it.
• The vote takes place at the noticed meeting, and no quorum is required for the veto.
• If owners reject the budget, the last budget that was not vetoed continues in effect.
• Owners should ask to review the budget versus actual report and the reserve fund status before they vote.

Is a secret ballot required?

• For contested executive board positions, yes.
• For other matters, a secret ballot is available at the board’s discretion or on request.
• Ballots are counted by a neutral third party or a committee of volunteers, and in a contested board election the volunteers cannot be board members or candidates.
• Results are reported without identifying information.

How long does a proxy last?

• Proxies must be duly executed, and a proxy ends 11 months after its date unless it states an earlier date, according to the Division of Real Estate.
• An association can reject a proxy when there is reasonable doubt about the signature.
• We did not find a CCIOA cap on how many proxies one person can hold, so check your bylaws.
• Log each proxy when it arrives and keep it with the election records.

Is an election policy required by CCIOA?

• Not as a separate required policy, since § 38-33.3-209.5 lists nine required policies and election procedures are not one of them.
• The nine are collection of unpaid assessments, conflict of interest, conduct of meetings, covenant enforcement, inspection of records, investment of reserves, adopting and amending policies, alternative dispute resolution, and reserve study.
• Many boards still choose to write down their election procedures, since a clear process is easier to defend if a vote is questioned.
• Meeting notice must be given 10 to 50 days ahead, so build that window into your election calendar.

Who enforces CCIOA?

• Owners generally go to court to enforce CCIOA rights.
• The HOA Center offers education and registration data but does not investigate or resolve disputes.
• Check your declaration for dispute resolution steps, since the association’s alternative dispute resolution policy is one of the nine required policies.
• Keep notices, ballots, and minutes together so you can document what happened if a dispute arises.

Disclaimer: This article is for general educational purposes and is not legal advice. HOA election rules vary by state and by governing documents, so consult your association’s attorney before relying on any statute or procedure.