(a) Subject to subsection (d) of this section, a dissolved limited cooperative association may give notice of a known claim under subsection (b) of this section, which has the effect provided in subsection (c) of this section.
(b) A dissolved limited cooperative association may notify its known claimants of the dissolution in a record. The notice shall:
(1) Specify that a claim be in a record;
(2) Specify the information required to be included in the claim;
(3) Provide an address to which the claim must be sent;
(4) State the deadline for receipt of the claim, which shall not be less than 120 days after the date the notice is received by the claimant; and
(5) State that the claim will be barred if not received by the deadline.
(c) A claim against a dissolved limited cooperative association shall be barred if the requirements of subsection (b) of this section are met and:
(1) The association is not notified of the claimant’s claim, in a record, by the deadline specified in the notice under subsection (b)(4) of this section;
(2) In the case of a claim that is timely received but rejected by the association, the claimant does not commence an action to enforce the claim against the association within 90 days after receipt of the notice of the rejection; or
(3) If a claim is timely received but is not accepted or rejected by the association within 120 days after the deadline for receipt of claims, the claimant does not commence an action to enforce the claim against the association within 90 days after the 120-day period.
(d) This section shall not apply to a claim based on an event occurring after the effective date of dissolution or a liability that is contingent on that date.
(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720; Mar. 5, 2013, D.C. Law 19-210, § 2(j)(8)(C), 59 DCR 13171.)
Section ReferencesThis section is referenced in § 29-1010.07, § 29-1012.09, and § 29-1012.10.
Effect of AmendmentsThe 2013 amendment by D.C. Law 19-210 substituted “give notice of a known claim under subsection (b) of this section, which has the effect provided in subsection (c) of this section” for “dispose of the known claims against it by following the procedure in subsections (b) and (c) of this section” in (a); and substituted “effective date” for the first occurrence of “date” in (d).
Editor's NotesUniform Law: This section is based on § 1208 of the Uniform Limited Cooperative Association Act.
Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012.