(1) After fixing a record date for a meeting of the membership, the cooperative shall prepare a list of the names and addresses of all its members who are entitled to be given notice of the meeting. The members' list shall be available for inspection by any member or member's agent or attorney, for a proper corporate purpose, 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. Section 7-56-307 is not applicable to this section.
The cooperative shall make the members' list available at the meeting, and any member or member's agent or attorney is entitled to inspect the list at any time and for a proper corporate purpose during the meeting or any adjournment.
If the cooperative refuses to allow a member or the member's agent or attorney toinspect the members' list before or at the meeting, as permitted by subsection (1) or (2) of this section, the member may apply to the district court for the county in this state in which the street address of the cooperative's principal office is located or, if the cooperative has no principal office in this state, to the district court for the county in which the street address of its registered agent is located or, if the cooperative has no registered agent, to the district court for the city and county of Denver for an order permitting the member or the member's agent or attorney to inspect the members' list.
The court may order inspection of the members' list pursuant to subsection (3) of thissection, unless the cooperative 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 members' list. The court may also postpone or adjourn the meeting for which the list was prepared until the inspection ordered by the court is complete. In any such action:
The court may order the losing party to pay the prevailing party's reasonable costs,including reasonable attorney fees;
The court may order the losing party to pay the prevailing party for any damages theprevailing party shall have incurred by reason of the subject matter of the litigation;
If inspection or copying is ordered pursuant to subsection (3) of this section, the courtmay order the cooperative to pay the member's inspection and copying expenses; and (d) The court may grant either party any other remedy provided by law.
If a court orders inspection of the members' list pursuant to subsection (3) of thissection, the court may impose reasonable restrictions on the use or distribution of the list by the member.
Failure to prepare or make available the members' list does not affect the validity ofaction taken at the meeting.
Source: L. 96: Entire article R&RE, p. 495, § 1, effective July 1. L. 2003: (3) amended, p. 2225, § 79, effective July 1, 2004.
Cross references: Section 7-56-307 (6) provides that the provisions of said section do not apply to this section.