Can a Board of Directors change its By-Laws to move from a fixed number of Directors to having a range of Directors?
4 attorney answers
I would query the HOA's legal counsel on this question. More likely than not, you can amend the Bylaws as you have described, but counsel can issue you a legal opinion in writing as to how to perfect that process, consistent with both the Bylaws and Declaration. If for some reason the HOA board does not have counsel on retainer, you would want to engage one, at least for purposes of obtaining a written legal opinion, if not for the long term as well. Best wishes to you.
The method of amending By-Laws will depend upon the terms established by the By-Laws. It is not unusual to provide that the number of Directors may be changed from time to time by the Directors, subject to certain conditions (such as not less than a certain number nor more than another number). If you have additional questions, consult with an experienced Business Attorney.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law.