§514A-82.15 
Mixed use property; representation on the board of directors.  (a)  The bylaws of an association of apartment
owners may be amended to provide that the composition of the board reflect the
proportionate number of apartments for a particular use, as set forth in the
declaration.  For example, an association of apartment owners may provide that
for a nine-member board where two-thirds of the apartments are for residential
use and one-third is for commercial use, sixty-six and two-thirds per cent of
the nine-member board, or six members, shall be owners of residential use
apartments and thirty-three and one-third per cent, or three members, shall be
owners of commercial use apartments.



(b)  Any
proposed bylaws amendment to modify the composition of the board in accordance
with subsection (a) may be initiated by:



(1)  A majority vote of the board of directors; or



(2)  A submission of the proposed bylaw amendment to
the board of directors from a volunteer apartment owner's committee accompanied
by a petition from twenty-five per cent of the apartment owners of record.



(c)  Within
thirty days of a decision by the board or receipt of a petition to initiate a
bylaws amendment, the board of directors shall mail a ballot with the proposed
bylaws amendment to all of the apartment owners of record.  For purposes of
this section only and notwithstanding section 514A-82(b)(2), the bylaws may be
initially amended by a vote or written consent of the majority (at least
fifty-one per cent) of the apartment owners; and thereafter by sixty-five per
cent of all apartment owners; provided that each of the requirements set forth
in this section shall be embodied in the bylaws.



(d)  The
bylaws, as amended pursuant to this section, shall be recorded in the bureau of
conveyances or filed in [the] land court, as the case may be.



(e) 
Election of the new board of directors in accordance with an amendment adopted
pursuant to this section shall be held within sixty days from the date the
amended bylaws are recorded pursuant to subsection (d).



(f)  As
permitted in the bylaws or declaration, the vote of a commercial apartment
owner shall be cast and counted only for the commercial seats available on the
board of directors and the vote of a residential apartment owner shall be cast
and counted only for the residential seats available on the board of directors.



(g)  No
petition for a bylaw amendment pursuant to subsection (b)(2) to modify the
composition of the board shall be distributed to the apartment owners within
one year of the distribution of a prior petition to modify the composition of
the board pursuant to that subsection.



(h)  This
section shall not preclude the removal and replacement of any one or more
members of the board pursuant to section 514A-82(b)(1).  Any removal and
replacement shall not affect the proportionate composition of the board as
prescribed in the bylaws as amended pursuant to this section.



(i)  This
section shall be deemed incorporated into the bylaws of all properties subject
to this chapter existing as of July 1, 1998, and thereafter. [L 2007, c 244, pt
of §2]