Did you know that Section 308(1) of CCIOA has very specific requirements concerning membership meetings for associations?  These requirements apply to all communities regardless of whether they were created before or after CCIOA (i.e. July 1, 1992).

One of the requirements in Section 308(1) is for associations to hold membership meetings at least once each year.  This means even if your governing documents do not require an annual meeting of members, your association must hold one anyway.

Another requirement of Section 308(1) is that associations provide notice of the membership meetings to all owners at least 10 days prior to the meeting date, but no more than 50 days out.  Therefore, if your governing documents allow notice of meetings to be provided less then 10 days out or more than 50 days before a meeting, these requirements are not compliant with CCIOA and are void.

On a final note, Section 308(1) also requires that membership meeting notices are either hand delivered or sent via United States mail to all owners.  Thus, emailed or faxed notifications on their own will not be sufficient to comply with this requirement (even if your governing documents allow it) and the association will not be considered to have provided proper meeting notice unless it has also provided notice by hand delivery or U.S. mail.

If you have questions with respect to the above requirements, please contact a Altitude Community Law attorney at 303.432.9999.

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