We’re getting a lot of calls about the Coronavirus and how it impacts the operations of the association. Here are a few FAQs:
• Can we cancel the annual meeting?
Annual meetings are required under CCIOA, at C.R.S. §38-33.3-308(1). So if you have an annual meeting in the near future and want to cancel it for the year due to coronavirus concerns, the answer is no.
You might consider postponing your meeting to a later date, in which case you will still need to provide proper notice for the rescheduled meeting per your Bylaws and Colorado law.
If you move forward with the meeting, you might want to consider setting up a call-in line for participating by speaker-phone, or skype, or other telephonic or video-conferencing method. Keep in mind that Colorado law allows members to attend meetings by telecommunication as long as the members can hear each other during the meetings.
• Can the Board hold a meeting remotely?
Yes boards can hold meetings remotely, but must still follow meeting requirements under Colorado law. Consider the following:
o Everyone needs to be able to hear each other simultaneously
o Board meetings are still required to be open to homeowner attendance (other than when in executive session), so if a homeowner wishes the sign-in information, give it to them. You do not need to provide the telecommunication device for them to access the meeting, but you do need to allow the opportunity to attend.
o If any homeowners decide to attend remotely, keep in mind that before the Board takes action, homeowners are entitled to speak on the proposed action
o Other than during homeowner forum and prior to taking action, homeowner participation can be limited. Many online meeting tools allow participants to be able to observe and hear, but not to speak until the appropriate time. So you can turn that feature on/off at the appropriate time.
o Follow these Online Board Meeting Tips.
• Do we have a legal duty keep our members healthy?
You do not have a legal duty to keep your members healthy. Homeowners and residents are responsible for their own health and safety. An association cannot prevent someone from getting ill no matter what preventative steps you take, and the Board should not look to assume this role.
However, you do have a duty to act in the best interests of the association, which may mean taking extra steps when it comes to maintaining and regulating the common areas, particularly if you are in a multi-family building where residents/guests are frequently in close proximity. Consider the following:
o Extensive cleaning, disinfecting, or wiping down of common areas and common area surfaces;
o Postponing community events and meetings;
o Closing recreational facilities such as gyms, clubhouses, and pools; and
o Placing hand sanitizer dispensers or wipes in common areas, particularly high-traffic ones, for owner and guest use.
• As a Board member in a 55+ community, what should I be thinking of?
Same as above, but given the higher risk of exposure to, and impact from, the coronavirus, 55+ communities should be especially vigilant and proactive in their actions.
• We have some homeowners that rent their unit out through Airbnb. Can we temporarily restrict this practice or restrict guests?
No. While you can suggest to homeowners that they curb or temporarily cease short-term rentals/guests, you have no authority to prohibit entry.
• Anything else?
We encourage everyone to follow the latest guidance and updates issued by the Centers for Disease Control and Prevention.