Montana Code Annotated 2023



Part 3. Operation -- Members, Trustees, and Officers

Meetings Of Members -- General And Special -- Place -- Notice -- Quorum -- Voting

35-18-303. Meetings of members -- general and special -- place -- notice -- quorum -- voting. (1) An annual meeting of the members must be held at a time provided in the bylaws.

(2) Special meetings of the members may be called by the board of trustees, by any three trustees, by not less than 10% of the members, or by the president.

(3) Meetings of members must be held as provided in the bylaws. In the absence of a provision, all meetings must be held as determined by the board of trustees.

(4) Except as otherwise provided in this chapter, written or printed notice stating the time and place of each meeting of members and, in the case of a special meeting, the purpose or purposes for which the meeting is called must be given to each member, either personally, by mail, or by another method not less than 10 or more than 25 days before the date of the meeting.

(5) Five percent of all members present or 50 members present, whichever is fewer, constitutes a quorum for the transaction of business at all meetings of the members, but the bylaws may prescribe the presence of a greater percentage or number of the members for a quorum. If less than a quorum is present at any meeting, a majority of those present may adjourn the meeting from time to time without further notice.

(6) Each member is entitled to one vote on each matter submitted to a vote at a meeting. Voting is by members present but, if the bylaws provide, may also be by proxy, by mail, by electronic voting, or by any combination of the three. If the bylaws provide for voting by proxy, by mail, or by electronic voting, they must also prescribe the conditions under which proxy, mail, or electronic voting, or any combination of the three is exercised. In any event, a person may not vote as a proxy for more than three members at a meeting of the members.

History: En. Sec. 8, Ch. 172, L. 1939; amd. Sec. 5, Ch. 80, L. 1957; R.C.M. 1947, 14-508(b) thru (g); amd. Sec. 1, Ch. 131, L. 1981; amd. Sec. 3, Ch. 74, L. 2021.