(1)Meetings of the unit owners, as the members of
the association, shall be held at least once each year. Special meetings of the unit
owners may be called by the president, by a majority of the executive board, or by
unit owners having twenty percent, or any lower percentage specified in the
bylaws, of the votes in the association. Not less than ten nor more than fifty days in
advance of any meeting of the unit owners, the secretary or other officer specified
in the bylaws shall cause notice to be hand delivered or sent prepaid by United
States mail to the mailing address of each unit or to any other mailing address
designated in writing by the unit owner. The notice of any meeting of the unit
owners shall be physically posted in a conspicuous place, to the extent that such
pos
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(1) Meetings of the unit owners, as the members of
the association, shall be held at least once each year. Special meetings of the unit
owners may be called by the president, by a majority of the executive board, or by
unit owners having twenty percent, or any lower percentage specified in the
bylaws, of the votes in the association. Not less than ten nor more than fifty days in
advance of any meeting of the unit owners, the secretary or other officer specified
in the bylaws shall cause notice to be hand delivered or sent prepaid by United
States mail to the mailing address of each unit or to any other mailing address
designated in writing by the unit owner. The notice of any meeting of the unit
owners shall be physically posted in a conspicuous place, to the extent that such
posting is feasible and practicable, in addition to any electronic posting or
electronic mail notices that may be given pursuant to paragraph (b) of subsection
(2) of this section. The notice shall state the time and place of the meeting and the
items on the agenda, including the general nature of any proposed amendment to
the declaration or bylaws, any budget changes, and any proposal to remove an
officer or member of the executive board.
(2) (a) All regular and special meetings of the association's executive board,
or any committee thereof, shall be open to attendance by all members of the
association or their representatives. Agendas for meetings of the executive board
shall be made reasonably available for examination by all members of the
association or their representatives.
(b) (I) The association is encouraged to provide all notices and agendas
required by this article in electronic form, by posting on a website or otherwise, in
addition to printed form. If such electronic means are available, the association
shall provide notice of all regular and special meetings of unit owners by electronic
mail to all unit owners who so request and who furnish the association with their
electronic mail addresses. Electronic notice of a special meeting shall be given as
soon as possible but at least twenty-four hours before the meeting.
(II) Notwithstanding section 38-33.3-117 (1.5)(i), this paragraph (b) shall not
apply to an association that includes time-share units, as defined in section 38-33-110 (7), C.R.S.
(2.5) (a) Notwithstanding any provision in the declaration, bylaws, or other
documents to the contrary, all meetings of the association and board of directors
are open to every unit owner of the association, or to any person designated by a
unit owner in writing as the unit owner's representative.
(b) At an appropriate time determined by the board, but before the board
votes on an issue under discussion, unit owners or their designated representatives
shall be permitted to speak regarding that issue. The board may place reasonable
time restrictions on persons speaking during the meeting. If more than one person
desires to address an issue and there are opposing views, the board shall provide
for a reasonable number of persons to speak on each side of the issue.
(c) Notwithstanding section 38-33.3-117 (1.5)(i), this subsection (2.5) shall not
apply to an association that includes time-share units, as defined in section 38-33-110 (7).
(3) The members of the executive board or any committee thereof may hold
an executive or closed door session and may restrict attendance to executive board
members and such other persons requested by the executive board during a
regular or specially announced meeting or a part thereof. The matters to be
discussed at such an executive session shall include only matters enumerated in
paragraphs (a) to (f) of subsection (4) of this section.
(4) Matters for discussion by an executive or closed session are limited to:
(a) Matters pertaining to employees of the association or the managing
agent's contract or involving the employment, promotion, discipline, or dismissal of
an officer, agent, or employee of the association;
(b) Consultation with legal counsel concerning disputes that are the subject
of pending or imminent court proceedings or matters that are privileged or
confidential between attorney and client;
(c) Investigative proceedings concerning possible or actual criminal
misconduct;
(d) Matters subject to specific constitutional, statutory, or judicially imposed
requirements protecting particular proceedings or matters from public disclosure;
(e) Any matter, the disclosure of which would constitute an unwarranted
invasion of individual privacy, including a disciplinary hearing regarding a unit
owner and any referral of delinquency; except that a unit owner who is the subject
of a disciplinary hearing or a referral of delinquency may request and receive the
results of any vote taken at the relevant meeting; and
(f) Review of or discussion relating to any written or oral communication
from legal counsel.
(4.5) Upon the final resolution of any matter for which the board received
legal advice or that concerned pending or contemplated litigation, the board may
elect to preserve the attorney-client privilege in any appropriate manner, or it may
elect to disclose such information, as it deems appropriate, about such matter in an
open meeting.
(5) Prior to the time the members of the executive board or any committee
thereof convene in executive session, the chair of the body shall announce the
general matter of discussion as enumerated in paragraphs (a) to (f) of subsection
(4) of this section.
(6) No rule or regulation of the board or any committee thereof shall be
adopted during an executive session. A rule or regulation may be validly adopted
only during a regular or special meeting or after the body goes back into regular
session following an executive session.
(7) The minutes of all meetings at which an executive session was held shall
indicate that an executive session was held and the general subject matter of the
executive session.