What do you do if your association’s governing documents do not have a quorum requirement? If your community was created on or after July 1, 1992, you go to Section 309(1) of CCIOA.
Section 309(1) provides post-CCIOA communities with a default quorum requirement if their documents are silent. Specifically, Section 309(1) indicates that if your community is less then 1,000 units, the quorum requirement is 20%. For communities containing more than 1,000 units, quorum is set at 10%.
For communities created prior to CCIOA (July 1, 1992) that do not have a quorum requirement, never fear. Your quorum default is set forth in the Colorado Revised Nonprofit Corporations Act at 25% (regardless of the number of units in the community).
Remember, however, if your governing documents provide a different quorum, you must use the quorum set forth in your documents. The above statutory provisions may only be used when an association’s documents fail to provide any quorum requirements.
If you have questions about the default quorum requirements, please contact a Altitude Community Law attorney at 303.432.9999.