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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (CCIOA)
Most Colorado HOAs and planned communities are governed by the Colorado Common Interest Ownership Act (CCIOA, C.R.S. § 38-33.3-101 et seq.), which generally applies in full to common interest communities created on or after July 1, 1992. CCIOA generally allows the declaration to be amended by owners holding more than 50% of the votes, up to a statutory cap of 67% (C.R.S. § 38-33.3-217), and a recorded provision demanding more than 67% is generally treated as 67%. Your recorded declaration controls the exact percentage within that range.
Condominiums (Condominium Ownership Act)
Condominiums created before July 1, 1992 may instead fall primarily under the older Colorado Condominium Ownership Act (C.R.S. § 38-33-101 et seq.), which largely leaves the amendment percentage to the recorded declaration and bylaws. Even so, several CCIOA provisions — including the 67% cap on amendment thresholds (C.R.S. § 38-33.3-217) — generally reach these older communities as well. We generally start from your recorded documents and confirm which Act and threshold actually govern.
How the vote can run
Colorado does not appear to prohibit electronic or mailed written ballots, and because most associations are nonprofit corporations they may generally act by written ballot and permit remote meeting participation (C.R.S. §§ 7-127-108, 7-127-109). CCIOA generally requires owner-meeting notice 10–50 days in advance (C.R.S. § 38-33.3-308) and a secret ballot for contested board seats (C.R.S. § 38-33.3-310). We can generally run a notice, ballot, and tally process that mirrors these rules and your governing documents.
Before we quote
Colorado details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Colorado vote has to answer.
Colorado's main HOA statute is the Common Interest Ownership Act (CCIOA, C.R.S. § 38-33.3-101 et seq.); some pre-1992 condominiums may instead sit primarily under the Condominium Ownership Act (C.R.S. § 38-33-101 et seq.).
The default to amend a declaration is generally more than 50% of association votes, with a hard statutory cap of 67% (C.R.S. § 38-33.3-217), and your recorded declaration sets the exact figure within that range.
A declaration provision requiring more than 67% is generally void as against public policy and treated as 67%, so the quote can hinge on confirming your community's real threshold.
Some amendments carry a mandatory 67% floor — for example changing permitted uses, unit boundaries, the number of units, or allocated interests — and declarant-related changes may also need 67% of non-declarant votes (C.R.S. § 38-33.3-217).
An amendment generally becomes effective only when recorded in every county where the community is located (C.R.S. § 38-33.3-217), so we plan the timeline around that recording step.
Quorum for owner action is generally 20% of votes (10% for communities over 1,000 units) unless your documents specify otherwise (C.R.S. § 38-33.3-309).
Contested board seats must generally be decided by secret ballot, and other matters can be made secret on board action or a 20% owner request (C.R.S. § 38-33.3-310); ballots are typically counted by a neutral party or by non-candidate volunteers.
If your declaration requires first-mortgagee approval, CCIOA provides a notice procedure and a 60-day ‘deemed approved’ default for lenders that do not respond (C.R.S. § 38-33.3-217).
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