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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 448

Effective - 28 Aug 2001bottom

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

  (1)  The number of members of the executive board and the titles of the 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, and manner of electing and removing executive board members and officers and filling vacancies;

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

  (5)  Which of its officers may prepare, execute, certify, and record amendments 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 an amendment to the bylaws in accordance with paragraph (b) of this subdivision, for so long as a declarant is the owner of units representing an aggregate of ten percent or more of the units in which votes in the association are allocated, the bylaws may only be amended with the affirmative vote of at least sixty-seven percent of the unit owners of units to which votes in the association are allocated; and

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

  2.  Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.

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


---- end of effective   28 Aug 2001 ----

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