16-6a-1010. Amendment of bylaws by board of directors or members.
(1) The board of directors may amend the bylaws at any time
to add, change, or delete a provision, unless:
(a) this chapter or the articles of incorporation or bylaws:
(i) reserve the power exclusively to the members in whole or part; or
(ii) otherwise prohibit the board of directors from amending the bylaws to add, change, or delete a provision; or
(b) it would result in a change of the rights, privileges, preferences, restrictions, or conditions of a membership class as to voting, dissolution, redemption, or transfer by changing the rights, privileges, preferences, restrictions, or conditions of another class.
(2) (a) Unless otherwise provided by the bylaws, the members
may amend the bylaws even though the bylaws may also be amended by the board of
(b) Amendments to the bylaws by members shall be made in accordance with Sections 16-6a-1003 and 16-6a-1004 as if each reference in Sections 16-6a-1003 and 16-6a-1004 to the article of incorporation was a reference to the bylaws.
Amended by Chapter 228, 2006 General Session