Legislative Session 2008: HB 08-1089 Introduced

The 2008 legislative session in Colorado kicked-off this week with the introduction of a bill, House Bill 08-1089, that if passed will amend the Action Without Meeting provision of the Colorado Revised Nonprofit Corporation Act.  This bill, introduced by Representative Balmer, seeks to change the process that association boards (and boards of other nonprofit corporations) would follow to take action outside of a meeting, assuming the bylaws of an association do not prohibit such action, as follows:  
  1. Every member of the board must receive a notice in writing stating the action to be taken and the time by which each member of the board must respond.
  2. Every member of the board, by the time stated in the notice, must:
    Vote In Writing for such action, or 
    Vote in Writing against such action, or
    Abstain in Writing from voting, or
    Fail to respond or vote, AND
    Fail to demand that action not be taken without a meeting.
We'll keep you updated on any action taken on HB 08-1089 throughout the legislative session.
Written By:fran wolpo On January 11, 2008 11:14 PM

I do not have the original of that which is to be changed or is this the original? This is very confusing to me

Written By:Tom Wells On January 12, 2008 4:21 PM

Question: Does in writing include email?

Written By:Stan Damas On January 13, 2008 9:13 PM

If they do this for non-profits the same rules should apply to for Profit corporations.

Written By:Billy Giunta On January 14, 2008 9:43 AM

It also needs to require that such "votes" or "decisions" be acknowledged in the minutes of the next Board meeting. As much as I love the convenience of E mail, I find it sometimes flashes by and is nor adequately communicated to the homeowners.