Montana Code 35-2-525. Homeowners association — remote meetings
35-2-525. Homeowners association — remote meetings. (1) Unless the terms of the articles of incorporation or bylaws provide otherwise, a homeowners’ association or an association of unit owners may hold a meeting by remote means.
Terms Used In Montana Code 35-2-525
- articles: include amended and restated articles of incorporation and articles of merger. See Montana Code 35-2-114
- Bylaws: means the code, codes, or rules, other than the articles, adopted pursuant to this chapter for the regulation or management of the affairs of the corporation, regardless of the name or names by which the code, codes, or rules are designated. See Montana Code 35-2-114
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means a public benefit corporation, mutual benefit corporation, or religious corporation. See Montana Code 35-2-114
- Lien: A claim against real or personal property in satisfaction of a debt.
- Membership: refers to the rights and obligations a member or members have pursuant to a corporation's articles, bylaws, and this chapter. See Montana Code 35-2-114
- Property: means real and personal property. See Montana Code 1-1-205
- voting: includes but is not limited to the giving of consent in the form of a record provided electronically or by written ballot and written consent. See Montana Code 35-2-114
(2)For the purposes of this section, the following definitions apply:
(a)”Association of unit owners” has the meaning provided in 70-23-102, except that the unit owners do not have to have submitted their property to the provisions of Title 70, chapter 23, and the association is organized under the provisions of Title 35, chapter 2.
(b)”Homeowners’ association” means a corporation organized under the provisions of Title 35, chapter 2, that is responsible for the operation of a community or a mobile home subdivision in which:
(i)the voting membership is made up of parcel owners or their agents, or a combination of parcel owners and their agents;
(ii)membership is a mandatory condition of parcel ownership; and
(iii)the corporation is authorized to impose assessments that, if unpaid, may become a lien on the parcel.
(c)”Remote means” includes telephone audio, teleconference, or videoconference.