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University Park Homeowners Association
Introduction to the
Proposed Amended and Restated Bylaws
University Park Homeowners Association
BYLAW AMENDMENT – INFORMATION MEETING
April 30, 2025 / 5:00 to 6:30 PM / 4625 Ranch Drive (Beth-El Church)
Purpose:
In recognition of the need for substantial updating of the University Park HOA Bylaws to better serve the needs of UPHOA and to comply with current State law, the Board of Directors committed at the April 4,2024, Special Members Meeting to appoint a Bylaws Review Committee to review the existing Bylaws and propose Amended and Restated Bylaws to be submitted to the Members for approval.
Process:
An informational Members meeting will be held to review the Proposed Amended and Restated University Park HOA Bylaws.
The following information is provided on the University Park HOA website to allow Members to become familiar with the Proposed Amended and Restated Bylaws and prepare for that meeting:
The current Bylaws may be found on the University Park website following the links to HOA Information-Governing Documents-CC&R’s & Rules.
Following the informational meeting, a mail-in ballot to accept or reject the proposed Amended and Restated Bylaws will be sent to all members.
Background:
The University Park Homeowners Association, (HOA), exists to provide for self-governance for the property owners within University Park, a common interest community established under Colorado law. The Bylaws specify the process by which the HOA operates, including, among other things, how Directors are elected by the owners, how meetings of the members and meetings of the Board are conducted and the powers and duties of the Board. The members elect the Directors, and they manage the affairs of the HOA. As such, the Bylaws serve an important role in the operation of our community.
The current Bylaws were adopted in 1997 and were amended once to make minor changes in 2006.
Homeowner associations are governed by two statutes in Colorado. The primary statute is the Colorado Common Interest Ownership Act (CCIOA) found at Colorado Revised Statutes 38-33.3-101. Since the HOA is also a nonprofit corporation, it is also governed by the Colorado Revised Nonprofit Corporation Act, Colorado Revises Statutes 7-121. These statutes can be found online by searching for their titles.
These statutes have been revised over time. While the HOA operates in compliance with these statutes, the Bylaws as written have not kept up with these changes. Last year, the Board initiated a process to revise and update the bylaws by requesting that the HOA attorney provide a draft set of amended and restated bylaws that comply with the statutes. These draft bylaws were then reviewed and revised by the Bylaws Review Committee established by the Board. The Committee consisted of five University Park homeowners plus two Board members.
The Committee made changes to the proposed bylaws that were then reviewed by the attorney. The proposed bylaws were then forwarded to the Board for their review and then a final review by the attorney. The proposed new bylaws are now being presented to the Members for their review leading to a future vote by the Members to adopt the proposal as new bylaws for the HOA.
Highlights:
The attached proposed bylaws contain notes by the attorney after most sections indicating one or more of the following:
These notes are NOT a part of the Bylaws and will be removed from the draft presented for voting.
Significant Changes:
Article 3 pertains to Member Meetings and elections of Directors:
Section 3.1 is the Annual Meeting at which Directors will be elected.
Section 3.2 is an Informational Meeting. This is a new meeting of members each year in addition to the Annual Meeting.
Section 3.3 is the Budget Meeting.
Section 3.4 is for Special Meetings called for by petition of members.
At each of the Annual, Informational and Special Meetings, only items included in the meeting notice can be voted on. This is to protect the interest of members who are not in attendance. If you choose not to attend a meeting because you are not concerned about the agenda items, this protects you from a new item being proposed and voted on of which you were not aware.
Section 3.4 raises the percentage of members required to sign a petition for a special meeting from five percent to fifteen percent. With an informational Meeting, special meetings would likely only be required for serious issues affecting a significant number of members.
Section 3.10 requires secret ballots when required by law. This includes any contested election for Director.
Section 3.11 allows voting by mail ballot in place of a meeting in accordance with state law.
Section 3.13 requires voting results to be reported verbally at a meeting and in the meeting minutes.
Section 3.15 provides for a third party or committee of members to count ballots.
Section 4 pertains to the Board:
Section 4.3 provides for a nominating committee for Board positions and in the case of a contested election, meaning more candidates than open seats, the nominating committee will hold a candidate forum for members to hear from the candidates and ask questions.
Section 4.6 increases the percentage vote to remove a director from a majority to 67% of those voting at a meeting in accordance with Colorado law. Removing a Director should be a rare occurrence and for significant issues.
Article 5 pertains to Board meetings
Section 5.5 specifies that Board meetings are open to members.
Section 5.9 details the procedure for Board action without a meeting pursuant to Colorado law.
Section 5.10 provides for member comment at a Board meeting before the Board votes on a motion.
Article 8 pertains to committee meetings:
Section 8.2 provides that committee meetings shall be open to members.
Article 10 pertains to amendments to the Bylaws:
Article 10 specifies that the Bylaws can only be amended by a vote of the members following either a proposed amendment from the Board or following a petition from members for an amendment.
The Board may make amendments to comply with any statutory changes or judicial requirements.
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