448.3-106. Bylaws.

Bylaws.

448.3-106. 1. The bylaws of the association shall provide for:

(1) The number of members of the executive board and the titles ofthe officers of the association;

(2) Election by the executive board of a president, treasurer,secretary, and any other officers of the association the bylaws specify;

(3) The qualifications, powers and duties, terms of office, andmanner of electing and removing executive board members and officers andfilling vacancies;

(4) Which, if any, of its powers the executive board or officers maydelegate to other persons or to a managing agent;

(5) Which of its officers may prepare, execute, certify, and recordamendments to the declaration on behalf of the association; and

(6) The method of amending the bylaws subject to the following:

(a) Unless the declarant otherwise agrees in writing to permit anamendment to the bylaws in accordance with paragraph (b) of thissubdivision, for so long as a declarant is the owner of units representingan aggregate of ten percent or more of the units in which votes in theassociation are allocated, the bylaws may only be amended with theaffirmative vote of at least sixty-seven percent of the unit owners ofunits to which votes in the association are allocated; and

(b) After the declarant ceases to own ten percent or more of theunits to which votes in the association are allocated, the bylaws may onlybe amended with the affirmative vote of a majority of the unit owners ofunits to which the votes in the association are allocated.

2. Subject to the provisions of the declaration, the bylaws mayprovide for any other matters the association deems necessary andappropriate.

(L. 1983 H.B. 177, A.L. 2001 S.B. 178)