Minn. Stat. § 308C.545

Current through 2024, c. 127

Section 308C.545 - [Effective 8/1/2025] MEMBER VOTING RIGHTS

Subdivision 1.Generally.

One membership shall be issued by the cooperative for each dwelling unit or lot in the project the resulting number of memberships outstanding at all times is equal to the number of dwelling units or lots in the project. Each membership shall have one vote in the affairs of the cooperative. If the cooperative has both occupant and nonoccupant members, on any matter of the cooperative, the entire occupant members voting power shall be voted collectively based upon the vote of the majority of occupant members voting on the issue and the collective vote of the nonoccupant members shall be a majority of the vote cast unless otherwise provided in the bylaws. The bylaws may not reduce the collective occupant member vote to less than 15 percent of the total vote on matters of the cooperative. A nonoccupant member has the voting rights in accordance with nonoccupant membership interests as granted in the bylaws, subject to the provisions of this chapter.

Subd. 2.Right to vote at meeting.

A member may exercise voting rights on any matter that is before the members as prescribed in the articles or bylaws at a member meeting from the time the member arrives at the member meeting, unless the articles or bylaws specify an earlier and specific time for closing the right to vote.

Subd. 3.Voting method.

A member's vote at a member meeting shall be in person or by mail if a mail vote is authorized by the board or by alternative method if authorized by the board.

Subd. 4.Absentee ballots.

(a) A member who is or will be absent from a member meeting may vote by mail or by an approved alternative method on the ballot prescribed in this subdivision on any motion, resolution, or amendment that the board submits for vote by mail or alternative method to the members.

(b) The ballot shall be in the form prescribed by the board and contain:

(1) the exact text of the proposed motion, resolution, or amendment to be acted on at the meeting; and

(2) the text of the motion, resolution, or amendment for which the member may indicate an affirmative or negative vote.

(c) The member shall express a choice by marking an appropriate choice on the ballot and mail, deliver, or otherwise submit the ballot to the cooperative in a plain, sealed envelope inside another envelope bearing the member's name or by an alternative method approved by the board.

(d) A properly executed ballot shall be accepted by the board and counted as the vote of the absent member at the meeting.

Subd. 5.Jointly owned membership interest.

If membership interest is owned by two or more individuals, any individual may vote on a matter that is before the members, unless the cooperative receives written notice denying the authority of an individual to vote on the behalf of the jointly owned membership interest.

Minn. Stat. § 308C.545