76-3804. Amendment by association of owners.
194 words·~1 min read·
/ne/chapter-76/76-3804A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The governing body of an association of owners identified in a governing instrument may, without a vote of the members of the association, amend the governing instrument to remove an unlawful restriction.
(b)A member of an association of owners may request, in a record that sufficiently identifies an unlawful restriction in the governing instrument, that the governing body exercise its authority under subsection
(a)of this section. Not later than ninety days after the governing body receives the request, the governing body shall determine reasonably and in good faith whether the governing instrument includes the unlawful restriction. If the governing body determines the governing instrument includes the unlawful restriction, the governing body not later than ninety days after the determination shall amend the governing instrument to remove the unlawful restriction.
(c)Notwithstanding any provision of the governing instrument or other law of this state, the governing body may execute an amendment under this section.
(d)An amendment under this section is effective notwithstanding any provision of the governing instrument or other law of this state that requires a vote of the members of the association of owners to amend the governing instrument.