A. 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.

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

History: Laws 1982, ch. 27, § 39.

Compiler's notes. — This section is substantially similar to § 3-106 of the Uniform Condominium Act.

COMMISSIONERS' COMMENT

1. Because the act does not require the recordation of bylaws, it is contemplated that unrecorded bylaws will set forth only matters relating to the internal operations of the association and various "housekeeping" matters with respect to the condominium. The act requires specific matters to be set forth in the recorded declaration and not in the bylaws, unless the bylaws are to be recorded as an exhibit to the declaration.

2. The requirement, set forth in subsection (a)(5) [Subsection A(5)], that the bylaws designate which of the officers of the association has the responsibility to prepare, execute, certify and record amendments to the declaration reflects the obligation imposed upon the association by several provisions of this act to record such amendments in certain circumstances. These provisions include § 1-107 [47-7A-7 NMSA 1978] (Eminent Domain), § 2-106 [47-7B-6 NMSA 1978] (expiration of certain leases), § 2-112 [47-7B-12 NMSA 1978] (Relocation of Boundaries Between Adjoining Units), and § 2-113 [47-7B-13 NMSA 1978] (subdivision or conversion of units). Section 2-117(e) [47-7B-17E NMSA 1978] provides that, if no officer is designated for this purpose, it shall be the duty of the president.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 16, 17.

Validity and construction of condominium association's regulations governing members' use of common facilities, 72 A.L.R.3d 308.

Enforceability of bylaw or other rule of condominium or cooperative association restricting occupancy by children, 100 A.L.R.3d 241.

Validity, construction, and application of statutes, or of condominium association's by laws or regulations, restricting number of units that may be owned by single individual or entity, 39 A.L.R.4th 88.

Validity and construction of condominium bylaws or regulations placing special regulations, burdens, or restrictions on nonresident unit owners, 76 A.L.R.4th 295.

31 C.J.S. Estates § 153 et seq.