Trash Services, special assessments, and reserve spending all come to a head on January 14.
The Board of Directors has announced a Special Members Meeting for:
📅 Wednesday, January 14, 2026
⏰ Time: Not yet disclosed
📍 Location: Not yet disclosed
(We will update homeowners as soon as the Board provides this information.)
This meeting was requested by homeowners because several major decisions affecting dues, assessments, contracts, reserves, and Board authority must be decided by the Members, not by the Board alone.
Because the Board has not yet provided the agenda or location, it’s critical that homeowners understand the full scope of issues that are required to be included. This blog post summarizes those issues and the rights homeowners have under our governing documents and Colorado law.
🔹 1. First Vote: Does the Board Have Authority Over Trash Services?
Before deciding anything else, homeowners must determine:
Does the Board have unilateral authority to choose our Trash Service vendor, set prices, and change services without a homeowner vote?
This question must be voted on first, because everything else depends on it.
This vote is required because:
- The Governing Documents are unclear
- Homeowners requested this vote formally
- The Board has acted beyond what many believe is its authority
- Colorado Nonprofit law requires that Special Meetings address the purposes requested by Members
🔹 2. Second Vote: Is the $35/month Charge a “Dues Increase” or a “Special Assessment”?
This is one of the most important financial questions in years.
Here’s what homeowners need to know:
- The Board previously attempted to pass this charge but the vote failed
- The vote failed because a 60% quorum was required for a Special Assessment
- The Board never told homeowners this was the reason
- The Board is now attempting to reintroduce the charge under a different quorum, by calling it a “dues increase” instead of a Special Assessment
- Labeling determines whether homeowners must approve it
Under HB25-1043 strict compliance, mislabeling or withholding key information can invalidate any vote.
This must be a separate ballot question.
🔹 3. Third Vote: Reserve Study Validity and Budget Allocation
The Board has cited the Reserve Study as justification for increasing dues.
Homeowners have a right to evaluate:
- Whether the Reserve Study is valid
- Whether it complies with statute
- Whether it was adopted correctly
- Whether discretionary spending must be reduced
- Whether a minimum percentage of dues should be allocated to Reserves
Under CCIOA §303(3), homeowners have authority over budgetary structures and can reject or correct them.
This vote protects the long-term financial health of the community.
🔹 4. Fourth Vote: Trash Vendor Selection (Contingent Vote)
A vendor vote may occur.
However, this vote must be:
Contingent on the Authority Vote.
That means:
- If Members decide the Board does have authority, a vendor vote is binding.
- If Members decide the Board does not have authority, the vendor vote is advisory only.
This prevents the Board from using the vendor vote to imply that homeowners supported Board authority.
Yard Waste Must Be Addressed
If the Board’s preferred vendor does not provide yard waste pickup, the community must decide:
- Whether homeowners may independently contract for yard waste
- Whether a second or supplemental vendor is required
SB24-134 restricts HOAs from interfering with lawful home-related services.
This issue cannot be ignored.
🟦 Election of the Meeting Chair (Very Important)
Because this Special Meeting concerns actions taken by the Board itself, neutrality is required.
Under Robert’s Rules of Order Newly Revised (12th Ed.), Section 47, pp. 453–454:
“If it is necessary for the chair to vacate the chair, the secretary calls the meeting to order and the assembly elects a chairman pro tem to preside for that session.”
Meaning:
✔ Homeowners — not the Board — elect the meeting chair.
✔ This is the first agenda item.
✔ The Board cannot chair a meeting about its own conduct or authority.
If the Board attempts to chair the meeting, that may violate HB25-1043.
🟦 Ballots Must Be Provided and Accepted for 7 Days
To ensure full participation, ballots must:
- Be mailed with the meeting notice
- Be available for homeowners who cannot attend
- Be accepted by:
- USPS mail
- Email (scan or photo)
- A neighborhood dropbox
- Remain open for 7 days after the meeting
This ensures fairness and compliance, especially in winter.
🟦 Remote Access Required
Remote access is necessary to allow:
- Homeowners who travel
- Homeowners who work evenings
- Homeowners with mobility concerns
- Homeowners affected by January weather
Remote participation is allowed under Colorado law and necessary for procedural fairness.
🟦 Recording the Meeting Is Allowed
Colorado law permits homeowners to record HOA meetings.
This ensures transparency and protects against disputes about what was said or decided.
🟦 AWAM (Action Without a Meeting) Must Be Posted
Since the Board has not held a meeting since November, the decisions to:
- Set the meeting
- Create the ballot
- Draft the notice
- Determine voting procedures
- Establish agenda items
…must have been made through an Action Without a Meeting (C.R.S. §7-128-202).
This document must be posted on the HOA website.
🛑 If the Board’s Notice Fails to Include These Items
The meeting may be procedurally invalid under:
- CCIOA §308 (improper notice)
- CCIOA §304 (lack of good faith)
- CCIOA §317 (records/transparency failure)
- Nonprofit Act §§7-127-102, 7-127-104 (improper special meeting purpose/procedure)
- HB25-1043 strict compliance (any defect may void the action)
If this occurs, homeowners will be notified and corrective steps will be discussed.
🟩 In Summary
The January 14 Special Members Meeting must include:
✔ Vote 1 — Authority over Trash Services
✔ Vote 2 — Classification of the $35 charge
✔ Vote 3 — Reserve Study & Budget Allocation
✔ Vote 4 — Vendor Selection (Contingent on Authority)
And must provide:
✔ Election of a neutral chair
✔ Ballots mailed with notice
✔ Ballots accepted for 7 days
✔ Remote access
✔ Recording rights
✔ Yard waste options
✔ Posted AWAM
🚨 Meeting Location & Time Pending
The Board has not yet disclosed:
- The meeting location
- The meeting time
This blog will be updated when that information becomes available.
If you have any questions or would like a detailed explanation of your rights at this meeting, please reach out.