Colorado Law · Elections & Voting

Proxies and Written Ballots in Colorado Community Associations

Many owners vote without attending. How their votes reach the count, by proxy, by written ballot, or by remote participation, is set in Colorado by two statutes working together: the Common Interest Ownership Act and the Revised Nonprofit Corporation Act. Each sets defaults the bylaws can change, and each has limits they cannot.

By the CIC-SC Editorial Team Updated November 8, 2026 Reading time: ~6 minutes Audience: Colorado Boards, Election Committees, Managers

Educational notice. This information is educational in nature and should not be construed as legal advice. Statutory references are to the Colorado Revised Statutes as published by the Colorado General Assembly at the time of writing; later amendments are possible. Consult qualified association counsel regarding legal interpretation specific to your jurisdiction.

Currency: verified against the Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout), Titles 38 and 7, and SB 22-059 (effective August 10, 2022). Title 7 amendments after 2024 have not been reviewed. Later amendments are possible. Whether a particular proxy, ballot, or meeting format is valid is a question for association counsel.

The Short Version

Proxies are allowed, with CCIOA rules on top of the Nonprofit Act. C.R.S. § 38-33.3-310(2) governs proxy validity, revocation, and duration; appointment may be made substantially as provided in § 7-127-203.
Eleven months, at most. A proxy terminates 11 months after its date unless it states an earlier date. SB 22-059 (effective August 10, 2022) set that cap.
Contested seats use a secret ballot, counted by a neutral third party or qualifying owner volunteers (§ 310(1)(b)).
Written ballots and remote meetings come from the Nonprofit Act, unless the bylaws provide otherwise (§§ 7-127-108, 7-127-109).
Ballots and proxies are records for one year (§ 38-33.3-317(1)(n)).

Proxies Under § 38-33.3-310(2)

The 2024 text of § 310(2) provides that a proxy:

is invalid if obtained by fraud or misrepresentation;
is void if it is undated or purports to be revocable without notice;
is revoked only by actual notice to the person presiding over the meeting; and
terminates 11 months after its date unless it provides otherwise for an earlier date.

The association may reject a vote or proxy if it has a good-faith, reasonable doubt about the signature or the signer’s authority, and it is not liable for accepting or rejecting one in good faith.

Under the Nonprofit Act, § 7-127-203 permits appointment by a signed form or by electronic transmission, and treats a proxy as valid for 11 months unless the form says otherwise and as revocable. CCIOA’s own rules in § 310(2) sit on top of that baseline.

Secret Ballots and Counting

Under § 310(1)(b), votes for contested board positions must be taken by secret ballot, except where the documents provide for election by delegates. Any other owner vote must be by secret ballot at the board’s discretion, or on the request of 20% of the owners present in person or by proxy once a quorum is reached. Ballots are counted by a neutral third party or by owner volunteers selected at an open meeting who are not board members and, in a contested election, are not candidates. Results are reported without identifying how anyone voted.

Units owned by the association may not be voted (§ 310(4)).

Written Ballots Without a Meeting

Unless the bylaws provide otherwise, § 7-127-109 allows any action members could take at a meeting to be taken by written ballot delivered to every voting member. The action is valid only if the number of ballots cast meets the quorum that would apply at a meeting and the approvals meet the threshold that would apply at a meeting. The solicitation must state the number of responses needed for quorum, the percentage needed for approval, and the deadline, and must include information sufficient for an informed decision. Ballots are irrevocable unless the bylaws say otherwise.

Separately, § 7-127-107 permits member action without a meeting by unanimous written consent, unless the bylaws provide otherwise, with all writings received within 60 days of the earliest.

Remote Participation

CCIOA’s 2024 text has no general remote-meeting or electronic-voting section, and CICSC’s legislative review found no 2021–2026 enactment adding one (a search-based finding, not an exhaustive one). Under § 7-127-108, unless the bylaws provide otherwise, members may participate in, or a meeting may be conducted through, any means by which all participants can hear each other, and participants are deemed present in person. This differs from Texas, where electronic meetings and ballots are written into the Property Code directly.

Which Communities These Rules Reach

For communities created before July 1, 1992, § 38-33.3-117(1.5) applies § 310(1) and (2) and § 317 from January 1, 2006. The Nonprofit Act provisions apply to associations organized as Colorado nonprofit corporations.

Common Mistakes & Pitfalls

Pitfall 1: Undated proxy forms. An undated proxy is void under § 310(2).

Pitfall 2: Last year’s proxies. A proxy terminates 11 months after its date unless it states an earlier one.

Pitfall 3: Revocation by e-mail to the manager. The statute provides for revocation by actual notice to the person presiding.

Pitfall 4: A written ballot without the required statements. § 7-127-109 requires the solicitation to state the quorum count, approval percentage, and deadline.

Pitfall 5: Discarding ballots after the meeting. § 317(1)(n) keeps ballots and proxies as records for one year.

Frequently Asked Questions

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

Under C.R.S. § 38-33.3-310(2), a proxy terminates 11 months after its date unless it provides otherwise for an earlier date. SB 22-059, effective August 10, 2022, set that cap. Whether a particular proxy is still valid is a question for association counsel.

What makes a proxy void or invalid in a Colorado HOA?

The 2024 text of § 38-33.3-310(2) provides that a proxy is invalid if obtained by fraud or misrepresentation and void if it is undated or purports to be revocable without notice. The association may reject a vote or proxy if it has a good-faith, reasonable doubt about the signature or the signer’s authority, and it is not liable for accepting or rejecting one in good faith. How these rules apply to a specific proxy form is a question for association counsel.

How is a proxy revoked in a Colorado HOA?

Section 38-33.3-310(2) provides that a proxy is revoked only by actual notice to the person presiding over the meeting. The Nonprofit Act baseline in § 7-127-203 treats a proxy as revocable, and CCIOA’s own rules in § 310(2) sit on top of that baseline. Whether a particular revocation was effective is a matter for association counsel.

Do contested Colorado HOA board elections require a secret ballot?

Under § 38-33.3-310(1)(b), votes for contested board positions must be taken by secret ballot, except where the documents provide for election by delegates. Ballots are counted by a neutral third party or by owner volunteers selected at an open meeting who are not board members and, in a contested election, are not candidates, and results are reported without identifying how anyone voted. How this applies to a particular election is a question for association counsel.

Can a Colorado HOA vote by written ballot or hold a remote owners’ meeting?

CCIOA’s 2024 text has no general remote-meeting or electronic-voting section, so the defaults come from the Nonprofit Act unless the bylaws provide otherwise. Section 7-127-109 allows action by written ballot delivered to every voting member if the ballots cast meet the quorum and the approvals meet the threshold that would apply at a meeting, and § 7-127-108 permits participation by any means through which all participants can hear each other. Whether an association’s bylaws change these defaults is a question for association counsel.

How long does a Colorado HOA keep ballots and proxies?

Under § 38-33.3-317(1)(n), ballots and proxies are association records for one year. For communities created before July 1, 1992, § 38-33.3-117(1.5) applies § 317 from January 1, 2006. How the retention rule applies to a specific election is a question association counsel can answer.

Actionable Takeaways

Review the proxy form for a date line and revocation language consistent with § 310(2).
Check the bylaws for any provision that overrides the Nonprofit Act defaults on written ballots or remote participation.
Arrange counting that meets § 310(1)(b) before a contested election.
Calendar the one-year retention date for ballots and proxies.

References & Sources

C.R.S. § 38-33.3-310(1)(b), (2), (4) — Voting; proxies. Colorado Revised Statutes 2024, Title 38. content.leg.colorado.gov — crs2024-title-38.pdf
C.R.S. § 38-33.3-317(1)(n) — Association records.
C.R.S. § 38-33.3-117(1.5) — Pre-July 1, 1992 communities.
C.R.S. §§ 7-127-107, 7-127-108, 7-127-109, 7-127-203 — Colorado Revised Nonprofit Corporation Act. content.leg.colorado.gov — crs2024-title-07.pdf
SB 22-059, HOA Voting Proxy Limitations, Session Laws 2022, ch. 34, effective August 10, 2022. leg.colorado.gov/bills/sb22-059

Related Resources & Additional Reading from the CIC-SC Library

Tags: Colorado HOA proxies · C.R.S. 38-33.3-310 · SB 22-059 · written ballot · 7-127-109 · secret ballot · remote meetings · CCIOA · Colorado HOA elections

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 procedural decision to their specific circumstances. CIC-SC, its authors, and its members assume no liability for actions taken in reliance on this content.