resources / Statutes / Colorado Common Interest Ownership Act / §7-129-106

Title 7 – Corporations and Associations

Article 122 – Incorporation


7-122-106. Bylaws

(1) The board of directors or, if no directors have been named or elected, the incorporators may adopt initial bylaws. If neither the incorporators nor the board of directors have adopted initial bylaws, the members may do so.
(2) The bylaws of a nonprofit corporation may contain any provision for managing and regulating the affairs of the nonprofit corporation that is not inconsistent with law or with the articles of incorporation.


Source: L. 97: Entire article added, p. 662, § 3, effective July 1, 1998.

State Notes


A nonprofit corporation may alter the default structure set forth in the Nonprofit Corporation Act (NCA) through its articles of incorporation or bylaws, and it may provide different or additional rights and obligations to its members.Krystkowiak v. W.O. Brisben Cos., 90 P.3d 859 (Colo. 2004).

Default structure established by the NCA controls, and the signature of settlement agreement with respondent real estate developer by one member of neighborhood association, its president, insufficient to bind its members, including petitioner.The articles of incorporation and bylaws of the neighborhood association do not deviate from the NCA in terms of the rights and duties of its members. The articles of incorporation and bylaws contain no provisions either binding a member by a contract signed by the neighborhood association or stating that the association’s members have authorized it to represent their individual interests. Krystkowiak v. W.O. Brisben Cos., 90 P.3d 859 (Colo. 2004).