Section 38-36.5-104 - Amendment by association of owners(1) 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.(2) 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 (1) of this section. No 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, no later than ninety days after the determination, shall amend the governing instrument to remove the unlawful restriction.(3) An officer of the association of owners designated by the association of owners or, in the absence of designation, the president of the association of owners, acting on behalf of the association of owners, shall prepare, execute, Record, and certify an amendment adopted pursuant to this section.(4) 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.Added by 2024 Ch. 149,§ 1, eff. 8/7/2024.2024 Ch. 149, was passed without a safety clause. See Colo. Const. art. V, § 1(3).