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What the heck - is it possible for a homeowner to introduce…

Customer Question
What the heck -...

What the heck - is it possible for a homeowner to introduce a resolution at an annual meeting. Assume that there is a quorum present and the bylaws allow for a > 50% of votes represented. Can that resolution be voted on and be passed by > 50% of the quorum (present at the meeting).

Lawyer's Assistant: Where is the property located?

Colorado.

Lawyer's Assistant: Has any paperwork been filed?

No - it would be at the annual meeting - should paperwork be filed and with whom?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it.

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
10/29/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 3 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 121,668
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Thank you for your question. Give me a moment to reply with the information you are seeking for educational purposes only.

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Real Estate Lawyer: Law Educator, Esq., Lawyer replied 3 months ago

Under CO law, these HOA govern themselves through their bylaws. So if the bylaws allow for the resolution to be introduced, you need to read the bylaws on that and how much notice must be given and the resolution would have to be given to the Secretary who has to give proper notice to the members that the resolution was introduced. If the bylaws are silent as to notice, 30 day notice must be given to all members before it can be voted on. However, the bylaws are supposed to have a provision for introducing and passing new bylaws or changing bylaws and that is what governs.

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