Objections have been made to the organization and operation of Dos Rios III Homeowners Association, Inc., a Colorado nonprofit corporation (the “Association”). The Association desires to resolve these concerns so that it may continue operations in the best interests of the community. Pursuant to C.R.S. § 7-127-109, “any action that may be taken at any annual, regular, or special meeting of members may be taken without a meeting” by written ballot. The Association desires to clarify the quorum requirements for the Association. At this time, the only bylaws document for the Association provides, “A majority of the members [of the] Corporation in good standing and in actual attendance in person or by proxy at any annual or special meeting of the Corporation shall constitute a quorum at such meeting for the purpose of transacting business.” It has proven impossible to have a majority of the members of the Association in good standing actually attend a meeting of the Association. Accordingly, the Association desires to adopt a quorum requirement for meetings of the membership that establishes that the members in attendance at a duly noticed meeting of the Association shall constitute a quorum of the Association. A majority of the quorum is required for any action. The Gunnison County Assessor shows 89 lots in the subdivision. According to the existing bylaw provision, 45 members constitute a quorum. A majority of a quorum is 23 members, at a minimum. To pass, these measures must receive at least 45 votes with at least 23 members in favor.

Passing this action is necessary to rehabilitate the Association so that it may continue to govern matters such as architectural approvals in the subdivision. If you do not desire to have a functioning homeowners association for the subdivision, you may abstain from voting or may vote against this measure.