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News and Information about homeowner associations e-voting

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Scorecard for Your Conduct of Meetings Policy

Written by: Amelia J. Adair, Esq.

How effective is your association’s conduct of meetings policy? As many owners in mountain communities don’t live in their units year round, boards of mountain communities rely on electronic communication to increase participation by non-resident board members as well as owners. But “boilerplate” conduct of meeting policies generally aren’t designed to encourage remote participation or enable non-resident owners to understand or have a voice in the governance of their communities.

Take this simple test to find out how effective your conduct of meetings policy really is.

□ Yes

□ No

Association has a written, validly adopted conduct of meetings policy.

□ Yes

□ No

Policy is consistent with your association’s Declaration.

□ Yes

□ No

Bylaws do not prohibit electronic or remote participation in owner or board meetings.

□ Yes

□ No

Policy is consistent with the Colorado Nonprofit Corporations Act.

□ Yes

□ No

Policy states that the association shall post advance notice of all owner and board meetings on its website.

□ Yes

□ No

Policy states that, in addition to hand delivered or mailed notice of owner meetings, advance notice of owner meetings may be e-mailed to those who have provided e-mail addresses to the association.

□ Yes

□ No

Policy states that owners may use proxies to “attend” (vote) at owner meetings.

□ Yes

□ No

Policy enables electronic voting by owners.

□ Yes

□ No

Policy states that directors may participate in board meetings by any method of communication (for example via teleconference), provided that all directors participating in the meeting may hear each other throughout the meeting.

□ Yes

□ No

Policy provides that owners may listen to owner or board meetings remotely (for example via webinar).

□ Yes

□ No

Policy explains when and how owners listening or watching owner or board meetings remotely may provide input (for example via an online meeting program).

□ Yes

□ No

Policy explains whether and how electronic recordings or materials generated during remote owners or board meetings may be used or will be destroyed.

□ Yes

□ No

Policy explains how the board may validly take action without a meeting.

□ Yes

□ No

Policy states how minutes shall be posted on the association’s website.

□ Yes

□ No

Policy has been mailed to all owners within the last three years, or is easily available on the association’s website.
 
 

 
To score, count the number of “yes” answers.
 
Grading key:

10-15

Excellent

Congratulations! Your association’s conduct of meetings policy is up-to-date and ready for the 21st century.

4-9

Average

Your conduct of meetings policy is outdated and probably doesn’t encourage full participation by non-resident owners. Actions taken involving owners or directors not present at a meeting could be vulnerable if challenged in court. Updating your policy could help improve the governance of your community.

0–3

Failing

Your conduct of meetings policy leaves your association at risk of being unable to validly conduct business. Contact us at 303.432.9999 if you’d like help to revise your policy.

 

Used with permission from:
Amelia J. Adair of Hindman Sanchez www.hindmansanchez.com

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We really appreciated how flexible and easy to work with VoteHOANow was during the process of getting our community ready to vote electronically for the first time.

 
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