May a declarant-controlled board of directors unilaterally amend the bylaws to change the quorum requirement for members?

The Colorado Revised Nonprofit Corporation Act (“Nonprofit Act”) prohibits the board of directors from unilaterally amending the bylaws to provide a lesser or greater quorum requirement for members than is provided. The Act does not limit the foregoing prohibition to boards of directors who are no longer under declarant control. Therefore, declarant-controlled boards of directors must still seek membership approval in order to amend the bylaws to change the quorum requirement of members.

Community Essentials - January 2005