393.839. Membership--meetings, annual, special--quorum--voting.
Membership--meetings, annual, special--quorum--voting.
393.839. 1. No person shall become a member of a nonprofit sewercompany unless such person shall agree to use services furnished by thecompany when such shall be available through its facilities. The bylaws ofa company may provide that any person, including an incorporator, shallcease to be a member thereof if such person shall fail or refuse to useservices made available by the company or if services shall not be madeavailable to such person by the company within a specified time after suchperson shall have become a member thereof. Membership in the company shallnot be transferable, except as provided in the bylaws. The bylaws mayprescribe additional qualifications and limitations in respect ofmembership.
2. An annual meeting of the members shall be held at such time asshall be provided in the bylaws.
3. Special meetings of the members may be called by the board ofdirectors, by any three directors, by not less than ten percent of themembers or by the president.
4. Meetings of members shall be held at such place as may be providedin the bylaws. In the absence of any such provisions, all meetings shallbe held in the city or town in which the principal office of the company islocated.
5. Except as otherwise provided in sections 393.825 to 393.861 andsection 393.175, written or printed notice stating the time and place ofeach meeting of members and, in the case of a special meeting, the purposeor purposes for which the meeting is called, shall be given to each member,either personally or by mail, not less than ten nor more than twenty-fivedays before the date of the meeting.
6. Two percent of the members, present in person or by mail or proxyshall constitute a quorum for the transaction of business at all meetingsof the members, unless the bylaws prescribe the presence of a greaterpercentage of the members for a quorum. If less than a quorum is presentat any meeting, a majority of those present in person may adjourn themeeting from time to time without further notice.
7. Each member shall be entitled to one vote on each matter submittedto a vote at a meeting. Voting shall be in person, but, if the bylaws soprovide, may also be by proxy or by mail, or both. If the bylaws providefor voting by proxy or by mail, they shall also prescribe the conditionsunder which proxy or mail voting shall be exercised.
(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3)Effective 12-23-97