Kentucky Statutes 273A.110 – Right of member or manager to information
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(1) On reasonable notice and for a proper purpose, a member or manager of an unincorporated nonprofit association may inspect and copy during the unincorporated nonprofit association’s regular operating hours, at a reasonable location specified by the association, any record maintained by the association regarding its activities, financial condition, and other circumstances, to the extent the information is material to the member’s or manager’s rights and duties under the governing principles.
(2) An unincorporated nonprofit association may charge a person that makes a demand under this section reasonable copying costs, limited to the costs of labor and materials.
(3) The governing principles may impose reasonable limitations upon the inspection and use of any record of or information with respect to an unincorporated nonprofit association. Except as to limitations set forth in written governing principles to which a member or manager requesting information has assented, the association bears the burden of proof in demonstrating the reasonableness of any restrictions imposed.
(4) A former member or manager shall be entitled to information to which the member or manager was entitled while a member or manager if the information pertains to the period during which the person was a member or manager, the former member or manager seeks the information in good faith, and the former member or manager satisfies subsections (1) to (3) of this section.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 34, sec. 33, effective June 24, 2015.
(2) An unincorporated nonprofit association may charge a person that makes a demand under this section reasonable copying costs, limited to the costs of labor and materials.
Terms Used In Kentucky Statutes 273A.110
- Governing principles: means the agreements, whether oral, in a record, or implied from its established practices, that govern the purpose or operation of an unincorporated nonprofit association and the rights and obligations of its members and manager. See Kentucky Statutes 273A.005
- Manager: means a person that is responsible, whether alone or in concert with others, for the management of an unincorporated nonprofit association. See Kentucky Statutes 273A.005
- Member: means a person that, under the governing principles, may participate in the selection of persons authorized to manage the affairs of the unincorporated nonprofit association or in the development of the policies and activities of the association. See Kentucky Statutes 273A.005
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Kentucky Statutes 273A.005
- Unincorporated nonprofit association: means an unincorporated organization consisting of two (2) or more members joined under an agreement that is oral, in a record, or implied from conduct, for one (1) or more common, nonprofit purposes. See Kentucky Statutes 273A.005
(3) The governing principles may impose reasonable limitations upon the inspection and use of any record of or information with respect to an unincorporated nonprofit association. Except as to limitations set forth in written governing principles to which a member or manager requesting information has assented, the association bears the burden of proof in demonstrating the reasonableness of any restrictions imposed.
(4) A former member or manager shall be entitled to information to which the member or manager was entitled while a member or manager if the information pertains to the period during which the person was a member or manager, the former member or manager seeks the information in good faith, and the former member or manager satisfies subsections (1) to (3) of this section.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 34, sec. 33, effective June 24, 2015.