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Question & Answer      
What are the laws concerning delegated votes in HOA elections in Colorado?

Do the delegates have the right to vote for homeowners who don't show up for an election?

November 25, 2006

By Scott Doughty



3. After that you need to consult Colorado Revised Statutes.  
  The first question is what do the bylaws of your association say?

Are these persons who say they have the authority to vote given that authority by some provision in your particular bylaws?

After that you need to consult Colorado Revised Statutes.
Posted Dec 11 2006 4:46AM CET
 
  Lou Day (View Profile)
, Colorado
 
2. First, read your governing documents. All of them.  
  First, read your governing documents. All of them.

Then ask the Board member who tells you this to show you in writing, the provision or resolution that enables the process.
Absent such a provision, the "representatives" must have a written proxy for each vote they expect to cast.

Lou Day
Littleton, CO
Posted Dec 4 2006 4:12PM CET
 
  Lou Day (View Profile)
, Colorado
 
1. Scott: Go to...  
  Scott,

Go to the . There, in the Topic named "Repeal CCIOA," you will find the url for, and a listing of, all of Colorado's HOA/CID statutes/laws.

The statute you will be looking for will be under "voting" and "proxies." If you have any trouble finding it, just give me a holler, ok?

Also be sure to check your HOA's declaration/covenants to see what it/they say about voting and proxies.

What your board may -- and I stress "may" -- be referring to are "proxies." Perfectly legal in the state of Colorado.

However, two homeowners showing up to vote CANNOT vote for "the other 123" UNLESS they have proxies for them all. And if they do, it sounds like you may have a heap of corruption going on in your HOA/CID!


Posted Dec 3 2006 5:44AM CET
 
  Jan Jackson
Florissant, Colorado
 
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