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County consents to limited revisions of Telluride Mountain Village declaration, with settlements still pending
Summary
San Miguel County approved a consent resolution that clears certain amendments to the Telluride Mountain Village Owners Association declaration required by a 1999 settlement; the county noted unrelated membership-election concerns remain the responsibility of TMVOA and its members.
San Miguel County commissioners voted Oct. 15 to consent to specified amendments to the Telluride Mountain Village Owners Association (TMVOA) general declaration, a step required under a 1999 settlement agreement relating to municipal formation. The board’s approval covers only the specific declaration provisions listed in section 10.14(a) and not other disputed governance provisions.
County attorney Maura Fady explained the county’s role is limited by the 1999 settlement; the current package of declaration revisions springs from a separate 2023 settlement among TMVOA members and the town of Mountain Village. The county’s consent is required for changes affecting certain definitions and transfer and density rules that were subject to the earlier court settlement.
Some TMVOA members had previously raised objections about the association’s election procedures and voting thresholds. Fady told commissioners that the particular voting clause objected to (requiring approval from all membership classes) is not a county consent item. Panel counsel and TMVOA said they have negotiated an amendment to the settlement that would make declaration amendment votes require a simple majority of total votes instead of separate class thresholds; that change, if finalized, would be handled internally by TMVOA.
Commissioners agreed to sign the resolution consenting to the limited set of changes on the advice of county counsel; the town of Mountain Village and TMVOA board had already approved the version before the board.
The board’s consent clears one administrative hurdle in a broader governance negotiation inside TMVOA, but commissioners noted the county’s role does not extend to policing HOA election processes or internal member disputes.
