[§514B-110]  Bylaws amendment permitted; mixed use property;
representation on board.  (a) 
The bylaws of an association may be amended to provide that the composition of
the board reflect the proportionate number of units for a particular use, as
set forth in the declaration.  For example, an association may provide that for
a nine-member board where two-thirds of the units are for residential use and
one-third is for nonresidential use, sixty-six and two-thirds per cent of the
nine-member board, or six members, shall be owners of residential use units and
thirty-three and one-third per cent, or three members, shall be owners of
nonresidential use units.



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



(1)  A majority
vote of the board; or



(2)  A submission
of the proposed bylaw amendment to the board from a volunteer unit owners group
accompanied by a petition from twenty-five per cent of the unit owners of
record.



(c)  Within
thirty days of a decision by the board or receipt of a petition to initiate a
bylaw amendment, the board shall mail a ballot with the proposed bylaw
amendment to all of the unit owners of record.  For purposes of this section
only, the bylaws may initially be amended by a vote or written consent of the
majority of the unit owners; and thereafter by at least sixty‑seven per
cent of all unit 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.



(e) 
Election of the new board in accordance with an amendment adopted pursuant to
this section shall be held at the next regular meeting of the association or at
a meeting called in accordance with section 514B‑121(b) for this purpose.



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



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



(h)  This
section shall not preclude the removal and replacement of any one or more
members of the board pursuant to section 514B‑106(f).  Any removal and replacement shall not
affect the proportionate composition of the board as prescribed in the bylaws
as amended pursuant to this section. [L 2004, c 164, pt of §2]