(1)If a nonprofit
corporation refuses to allow a member, or the member's agent or attorney, who
complies with section 7-136-102 (1) to inspect or copy any records that the member
is entitled to inspect or copy by said 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, the district court for
the city and county of Denver may, on application of the member, summarily order
the inspection or copying of the records demanded at the nonprofit corporation's
expense.
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(1) If a nonprofit
corporation refuses to allow a member, or the member's agent or attorney, who
complies with section 7-136-102 (1) to inspect or copy any records that the member
is entitled to inspect or copy by said 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, the district court for
the city and county of Denver may, on application of the member, summarily order
the inspection or copying of the records demanded at the nonprofit corporation's
expense.
(2) If a nonprofit corporation refuses to allow a member, or the member's
agent or attorney, who complies with section 7-136-102 (2) and (3) to inspect or
copy any records that the member is entitled to inspect or copy pursuant to section
7-136-102 (2) and (3) within a reasonable time following the member's demand, 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, the district court for the city and county of Denver may, on
application of the member, summarily order the inspection or copying of the
records demanded.
(3) If a court orders inspection or copying of the records demanded, unless
the nonprofit corporation proves that it refused inspection or copying in good faith
because it had a reasonable basis for doubt about the right of the member, or the
member's agent or attorney, to inspect or copy the records demanded:
(a) The court shall also order the nonprofit corporation to pay the member's
costs, including reasonable counsel fees, incurred to obtain the order;
(b) The court may order the nonprofit corporation to pay the member for any
damages the member incurred;
(c) If inspection or copying is ordered pursuant to subsection (2) of this
section, the court may order the nonprofit corporation to pay the member's
inspection and copying expenses; and
(d) The court may grant the member any other remedy provided by law.
(4) If a court orders inspection or copying of records demanded, it may
impose reasonable restrictions on the use or distribution of the records by the
demanding member.