Elections & Governance · Colorado

The Election Clock: Notice and Candidacy Timelines for Colorado Boards

Colorado does not give associations a statutory candidate-call sequence. It does give them a fixed notice window, a secret-ballot rule for contested seats, a counting rule, and proxy requirements. Most of the remaining dates come from the Nonprofit Act and the bylaws. Run the calendar backwards from election night and the fixed dates come out in order.

By the CIC-SC Editorial Team Updated November 8, 2026 Reading time: ~10 minutes Audience: Colorado Boards, Election Committees, Managers

Educational notice. This information is educational in nature and should not be construed as legal advice. Statutory language is quoted from the Colorado Common Interest Ownership Act and the Colorado Revised Nonprofit Corporation Act as published by the Colorado General Assembly (Colorado Revised Statutes 2024), checked against SB 22-059 (effective August 10, 2022); later amendments are possible. How the statute applies to a specific election depends on the association’s governing documents and the facts; consult qualified association counsel when meaningful exposure is involved. Consult qualified association counsel regarding legal interpretation specific to your jurisdiction.

Why This Matters

A contested seat, a removal petition, or a close vote puts the board’s election process under a microscope. Colorado’s statute is short, so the bylaws, and the board’s discipline in following them, carry more of the weight. The fixed points are:

An owners’ meeting at least once a year (C.R.S. § 38-33.3-308(1)).
Notice 10 to 50 days before any owners’ meeting, delivered and posted as § 308(1) provides.
A secret ballot for contested board seats, counted by a neutral third party or by qualifying owner volunteers (§ 38-33.3-310(1)(b)).
Dated proxies that expire 11 months after their date unless they state an earlier date (§ 310(2)(b)).

Associations organized as Colorado nonprofit corporations also have Nonprofit Act rules on the record date, the members list, and member-requested agenda items. Each of those is subject to the bylaws where the Act says so.

Which communities this reaches. For communities created on or after July 1, 1992, §§ 308 and 310 apply as written. For communities created before July 1, 1992, § 308(1) and § 310(1) and (2) apply to events on or after January 1, 2006 (§ 38-33.3-117(1.5)(i)–(j)). Other sections cited here, including the quorum default in § 309, § 303(3)(a), the declarant-period rules in § 303(6)–(7), and owner removal under § 303(8), are not on § 117’s list; which rules reach a particular older community is a question for counsel. The § 310(1)(b) secret-ballot rules do not apply to associations that include time-share units. See Does CCIOA Apply to Your Pre-1992 Community?

The Clock, Backwards

Start from the meeting date (call it E) and count back. The Nonprofit Act entries apply to nonprofit-corporation associations unless the bylaws provide otherwise.

When	What happens	Source
E (at the meeting)	Quorum is checked at the start. Counting volunteers, if used, are selected or appointed at the open meeting, in a fair manner, by the chair or presiding person. Secret ballots are cast for contested seats. Results are reported without identifying voters.	§ 38-33.3-309(1); § 310(1)(b)(I)(A), (C), (D)
E − 10 (or 2 business days after notice, if earlier)	The members list (names, addresses, votes per member) must be available for inspection by voting members through the meeting.	§ 7-127-201(2)
E − 10 at the latest	Last day to deliver notice of the owners’ meeting.	§ 38-33.3-308(1)
E − 50 at the earliest	First day notice may be delivered. Notice goes by hand delivery or prepaid U.S. mail to each unit’s mailing address (or another address the owner designated in writing), is physically posted in a conspicuous place where feasible, and is e-mailed to owners who have asked for e-mail notice and provided an address, if electronic means are available.	§ 308(1), (2)(b)(I)
Before notice goes out	Record dates. The bylaws, or if they are silent the board, may fix record dates for notice and for voting. If none is fixed, members at the close of business on the business day before notice is given are entitled to notice, and members on the meeting date who are otherwise eligible are entitled to vote. A record date may not be more than 70 days before the meeting.	§ 7-127-106(1), (2), (4)
At least 10 days before notice is given	If a person entitled to call a special meeting asks in writing, and the secretary or president receives the request by then, the notice must include the matter the member intends to raise.	§ 7-127-104(5)
Earlier (bylaw-driven)	Candidate call, nomination deadline, nominating committee, and ballot preparation, as the bylaws provide.	Bylaws

As an illustration of calendar arithmetic only: a board that plans to mail notice 30 days before the meeting, with a bylaw nomination deadline two weeks before that, would typically issue its candidate call about two months ahead, even though no Colorado statute requires a candidate call.

Notice of the Meeting: § 38-33.3-308(1)

Section 308(1) provides that the notice states 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.

The secretary, or another officer the bylaws specify, causes the notice to be sent. Two consequences for elections:

A removal vote has to be noticed. Owners may remove any board member, with or without cause, by 67% of the persons present and entitled to vote at a meeting where a quorum is present. Declarant appointees and members elected by a class vote are excluded (§ 38-33.3-303(8)). That rule applies notwithstanding the declaration or bylaws. Section 308(1) also lists any removal proposal among the required notice items; the effect of a removal vote taken without that notice is a question for counsel.
The Nonprofit Act window is wider. Under § 7-127-104(3)(a), notice 10 to 60 days ahead (30 days minimum if not sent first-class or registered mail) is fair and reasonable. A notice date inside CCIOA’s 10-to-50-day window, sent first-class, falls within both windows as written.

Candidacy: Where the Rules Come From

The 2024 CCIOA text has no candidate-solicitation or nomination section. In a full-text search, the word “candidate” appears only in § 310(1)(b)(I)(C), which bars candidates from counting ballots in a contested election. Candidacy procedure therefore comes from the governing documents. Two statutory limits frame it:

The board does not set its own qualifications or terms. The executive board may not act for the association to elect board members, or to determine board members’ qualifications, powers and duties, or terms of office. It may fill vacancies for the unexpired portion of a term (§ 38-33.3-303(3)(a)). Eligibility rules such as residency, good standing, or term limits therefore usually appear in the declaration or bylaws. Whether a particular eligibility rule is valid, and how it may be adopted, is a question for counsel. See the planned Colorado candidate eligibility article.
Committee chairs. A person appointed after August 15, 2009 to preside over a committee must meet the qualifications the governing documents require for the board (§ 303(3)(b)).

During the declarant-control period, the statute sets its own election triggers. Owners other than the declarant elect at least one member and at least 25% of the board within 60 days after 25% of the units are conveyed, and at least one-third within 60 days after 50% are conveyed. By the end of declarant control, owners elect a board of at least three, a majority of whom are not declarant appointees (§ 303(6)–(7)). See the planned declarant turnover article.

Ballots, Counting, and Proxies: § 38-33.3-310

Secret ballot. Votes for contested board positions are by secret ballot. This does not apply where the documents provide for election by delegates. Any other owner vote is by secret ballot at the board’s discretion, or on request of 20% of owners present or represented by proxy once a quorum is reached (§ 310(1)(b)(I)(A)–(B)).
Counting. Ballots are counted by a neutral third party or a committee of owner volunteers. The volunteers are selected or appointed at an open meeting, in a fair manner, by the chair or other presiding person. They are not board members and, in a contested election, not candidates (§ 310(1)(b)(I)(C)). Boards using volunteers commonly put their selection on the agenda.
Reporting. Results are reported without names, addresses, or other identifying information of the owners who voted (§ 310(1)(b)(I)(D)).
Proxies. A proxy obtained by fraud or misrepresentation is not valid. An undated proxy, or one that purports to be revocable without notice, is void. A proxy may be revoked only by actual notice to the person presiding, and it ends 11 months after its date unless it states an earlier date (§ 310(2)(a)–(b)). Proxy forms commonly include a date line for this reason.
Good-faith review. The person counting may reject a vote, ballot, or proxy if, acting in good faith, there is reasonable basis to doubt the signature or the signer’s authority. Good-faith acceptance or rejection under these standards does not create liability in damages (§ 310(2)(c)–(d)).
Co-owned units. If only one co-owner is present, that owner casts the unit’s votes. If more than one is present, the votes follow a majority in interest, and a vote cast by one co-owner without prompt protest from the others counts as majority agreement (§ 310(1)(a)).
Association-owned units do not vote (§ 310(4)).
Retention. Ballots and proxies are association records kept for one year (§ 38-33.3-317(1)).

Where the Bylaws Control, and Where They Do Not

Rule	Bylaws can change it?	Source
Owner-meeting quorum (20%, or 10% above 1,000 owners)	Yes (“unless the bylaws provide otherwise”)	§ 309(1)
Owner share needed to call a special meeting (20%)	Only to a lower percentage	§ 308(1)
Which officer sends notice	Yes	§ 308(1)
Proxy appointment method	Yes (declaration, bylaws, or rules)	§ 310(2)(a)
Open meetings and owner right to speak	No (“notwithstanding any provision” in the documents)	§ 308(2.5)(a)
Owner removal of board members by 67% present	No (“notwithstanding any provision of the declaration or bylaws”)	§ 303(8)
Record date, members list, written ballot	Yes, where the Nonprofit Act says “unless otherwise provided by the bylaws”	§§ 7-127-106, -201, -109

The 10-to-50-day notice window in § 308(1) is stated without a bylaw exception. How it interacts with a bylaw that sets a different period is a question for counsel.

Common Mistakes & Pitfalls

Mailing notice 55 or 60 days out. Section 308(1) states a 50-day outer limit for owners’ meetings; the Nonprofit Act’s 60-day figure is a separate fair-and-reasonable standard. How the two interact is a question for counsel.

A floor motion to remove a director. Section 308(1) requires the notice to state any proposal to remove an officer or board member.

Board members or candidates counting ballots. Section 310(1)(b)(I)(C) excludes both in a contested election.

A board-adopted rule setting candidate qualifications. Section 303(3)(a) provides that the board may not determine board members’ qualifications.

Undated proxy forms. They are void under § 310(2)(b).

Announcing results by name. Section 310(1)(b)(I)(D) requires reporting without identifying information.

Discarding ballots after the meeting. Ballots and proxies are kept for one year under § 317(1).

Best-Practice Guidance

Practices boards commonly use (none is a statutory requirement unless cited):

A written election calendar each year, keyed to the meeting date and attached to the board minutes.
The conduct-of-meetings policy required by § 38-33.3-209.5(1)(b)(III), used to describe check-in, proxy verification, counting, and how results are announced.
An advance decision on whether a neutral third party or owner volunteers will count.
Candidacy procedure from the bylaws (deadline, form, eligibility) published in the same mailing cycle every year.
For an electronic platform, a check that it keeps contested-seat ballots secret. See Virtual and Electronic Board Meetings in Colorado.

Frequently Asked Questions

How much notice is required for an HOA owners’ meeting in Colorado?

Section 38-33.3-308(1) provides for notice 10 to 50 days before any owners’ meeting, by hand delivery or prepaid U.S. mail, physically posted in a conspicuous place where feasible, and e-mailed to owners who have asked for e-mail notice and provided an address, if electronic means are available. The notice states the time, place, and agenda items, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove an officer or board member. How that window interacts with a bylaw setting a different period is a question for association counsel.

Does Colorado law require an HOA to send a call for board candidates?

The 2024 CCIOA text has no candidate-solicitation or nomination section, and no Colorado statute requires a candidate call. Candidacy procedure, such as the nomination deadline, nominating committee, and eligibility, comes from the governing documents, and under § 38-33.3-303(3)(a) the executive board may not determine board members’ qualifications or terms of office. Whether a particular eligibility rule is valid, and how it may be adopted, is a question for association counsel.

Are Colorado HOA board elections required to use a secret ballot?

Under § 38-33.3-310(1)(b), votes for contested board positions are by secret ballot, except where the documents provide for election by delegates, and the secret-ballot rules do not apply to associations that include time-share units. Ballots are counted by a neutral third party or a committee of owner volunteers who are not board members and, in a contested election, not candidates, and results are reported without identifying the owners who voted. How these rules apply to a particular election is a question for association counsel.

How long is a proxy valid in a Colorado HOA election?

Under § 38-33.3-310(2)(b), a proxy ends 11 months after its date unless it states an earlier date, and an undated proxy, or one that purports to be revocable without notice, is void. A proxy may be revoked only by actual notice to the person presiding, and a proxy obtained by fraud or misrepresentation is not valid. Questions about a specific proxy form are best directed to association counsel.

What is the record date for voting at a Colorado HOA meeting?

For associations organized as Colorado nonprofit corporations, § 7-127-106 lets the bylaws, or the board if they are silent, fix record dates for notice and for voting, and a record date may not be more than 70 days before the meeting. If none is fixed, members at the close of business on the business day before notice is given are entitled to notice, and members on the meeting date who are otherwise eligible are entitled to vote. How the Nonprofit Act and a specific association’s bylaws fit together is a question for association counsel.

Actionable Takeaways

Notice of every owners’ meeting goes out 10 to 50 days ahead, by hand or mail, posted where feasible, e-mailed on request, and lists removal proposals, amendments, and budget changes.
Contested seats are generally decided by secret ballot, counted by a neutral party or qualifying owner volunteers selected at an open meeting, with results reported anonymously.
An undated proxy is void, and a proxy ends 11 months after its date unless it states an earlier one.
CCIOA has no candidate-call statute. Candidacy rules come from owner-adopted documents, and the board cannot set its own members’ qualifications or terms.
For nonprofit-corporation associations, the record date, members list, and member-requested agenda items follow the Nonprofit Act unless the bylaws provide otherwise.

The Bottom Line

The statute sets few dates. A well-documented Colorado election shows the notice window, the posting, the secret ballot, the counters, and the proxies on paper, with the remaining dates set in writing before the season starts. Questions about a specific election go to association counsel.

References & Sources

C.R.S. § 38-33.3-308(1), (2)(b), (2.5) — Meetings. C.R.S. § 38-33.3-309 — Quorums. C.R.S. § 38-33.3-310 — Voting; proxies. C.R.S. § 38-33.3-303(3), (6)–(8). C.R.S. § 38-33.3-117(1.5). C.R.S. § 38-33.3-209.5(1)(b)(III). C.R.S. § 38-33.3-317(1). Colorado Revised Statutes 2024, Title 38. content.leg.colorado.gov — crs2024-title-38.pdf
C.R.S. §§ 7-127-104, 7-127-106, 7-127-109, 7-127-201 — Colorado Revised Nonprofit Corporation Act. content.leg.colorado.gov — crs2024-title-07.pdf
SB 22-059, HOA Voting Proxy Limitations (ch. 34, effective August 10, 2022). leg.colorado.gov/bills/sb22-059

Related CIC-SC Resources

Colorado Board Elections, Secret Ballots, and Removal — the full election framework.
Colorado Annual Owners’ Meeting — running the meeting itself.
Proxies and Absentee Ballots.
Election Night Operations.
The Election Clock: Texas — the Texas statutory sequence, for comparison.

Tags: Colorado HOA elections · election calendar · § 38-33.3-308(1) notice · secret ballot § 38-33.3-310 · proxies · record date § 7-127-106 · members list · board removal § 38-33.3-303(8) · candidacy · Colorado HOA governance

Disclaimer. This article is published by the Common Interest Community Standards Council for educational and informational purposes only. It is not legal advice and does not establish an attorney-client relationship. Statutory references and procedural frameworks are intended to support informed governance, not to substitute for advice from qualified Colorado legal counsel. Boards and managers should consult their association’s attorney about the application of any statute, governing-document provision, or governance decision to their specific circumstances. CIC-SC, its authors, and its members assume no liability for actions taken in reliance on this content.