(1)Unless otherwise provided by the bylaws, after fixing a record date for a notice of a
meeting or for determining the members entitled to take action by written ballot, a
nonprofit corporation shall prepare an alphabetical list of the names of all its
members who are entitled to notice of, and to vote at, the meeting or to take such
action by written ballot. The list shall show the address of each member entitled to
notice of, and to vote at, the meeting or to take such action by written ballot and
the number of votes each member is entitled to vote at the meeting or by written
ballot.
(2)If prepared in connection with a meeting of the members, the members
list shall be available for inspection by any member entitled to vote at the meeting,
beginning the earlier of ten days
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(1)
Unless otherwise provided by the bylaws, after fixing a record date for a notice of a
meeting or for determining the members entitled to take action by written ballot, a
nonprofit corporation shall prepare an alphabetical list of the names of all its
members who are entitled to notice of, and to vote at, the meeting or to take such
action by written ballot. The list shall show the address of each member entitled to
notice of, and to vote at, the meeting or to take such action by written ballot and
the number of votes each member is entitled to vote at the meeting or by written
ballot.
(2) If prepared in connection with a meeting of the members, the members
list shall be available for inspection by any member entitled to vote at the meeting,
beginning the earlier of ten days before the meeting for which the list was prepared
or two business days after notice of the meeting is given and continuing through
the meeting, and any adjournment thereof, at the nonprofit corporation's principal
office or at a place identified in the notice of the meeting in the city where the
meeting will be held. The nonprofit corporation shall make the members list
available at the meeting, and any member entitled to vote at the meeting or an
agent or attorney of a member entitled to vote at the meeting is entitled to inspect
the list at any time during the meeting or any adjournment. If prepared in
connection with action to be taken by the members by written ballot, the members
list shall be available for inspection by any member entitled to cast a vote by such
written ballot, beginning on the date that the first written ballot is delivered to the
members and continuing through the time when such written ballots must be
received by the nonprofit corporation in order to be counted, at the nonprofit
corporation's principal office. A member entitled to vote at the meeting or by such
written ballot, or an agent or attorney of a member entitled to vote at the meeting
or by such written ballot, is entitled on written demand to inspect and, subject to
the requirements of section 7-136-102 (3) and the provisions of section 7-136-103
(2) and (3), to copy the list, during regular business hours, at the member's expense,
and during the period it is available for inspection.
(3) If the nonprofit corporation refuses to allow a member entitled to vote at
the meeting or by such written ballot, or an agent or attorney of a member entitled
to vote at the meeting or by such written ballot, to inspect the members list or to
copy the list during the period it is required to be available for inspection under
subsection (2) of this section, the district court for the county in this state in which
the street address of the nonprofit corporation's principal office is located or, if the
nonprofit corporation has no principal office in this state, the district court for the
county in which the street address of its registered agent is located, or if the
nonprofit corporation has no registered agent in this state, the district court for the
city and county of Denver may, on application of the member, summarily order the
inspection or copying of the list at the nonprofit corporation's expense and may
postpone or adjourn the meeting for which the list was prepared, or postpone the
time when the nonprofit corporation must receive written ballots in connection with
which the list was prepared, until the inspection or copying is complete.
(4) If a court orders inspection or copying of the list of members pursuant to
subsection (3) of this section, unless the nonprofit corporation proves that it
refused inspection or copying of the list in good faith because it had a reasonable
basis for doubt about the right of the member or the agent or attorney of the
member to inspect or copy the list of members:
(a) The court shall also order the nonprofit corporation to pay the member's
costs, including reasonable counsel fees, incurred in obtaining the order;
(b) The court may order the nonprofit corporation to pay the member for any
damages the member incurred; and
(c) The court may grant the member any other remedy afforded the member
by law.
(5) If a court orders inspection or copying of the list of members pursuant to
subsection (3) of this section, the court may impose reasonable restrictions on the
use or distribution of the list by the member.
(6) Failure to prepare or make available the list of members does not affect
the validity of action taken at the meeting or by means of such written ballot.