1. Except as otherwise provided in this chapter, notice of meetings of members must be given to every voting member as of the record date determined under section 10-33-69 unless: a. The meeting is an adjourned meeting and the date, time, and place of the meeting were announced at the time of adjournment, notice is not required unless a new record date for the adjourned meeting is or must be fixed under section 10-33-69; or b. Two consecutive annual meeting notices and notices of any special meetings held during the period between the two annual meetings have been mailed to the member by first-class mail and returned undeliverable. 2. An action or meeting that is taken or held without notice under subdivision b of subsection 1 has the same force and effect as if notice was given. If the member delivers a written notice of the member's current address to the corporation, the notice requirement is reinstated. 3. If notice of an adjourned meeting is required under subdivision a of subsection 1, the date for determination of members entitled to notice and entitled to vote at the adjourned meeting must comply with subsection 1 of section 10 -33-69, except that if the date of the meeting is set by court order, the court may provide the original date of determination will continue in effect or fix a new date. 4. The notice: a. In all cases when a specific minimum notice period has not been fixed by law, must be given at least five days before the date of the meeting, or a shorter time provided in the articles or bylaws, and not more than fifty days before the date of the meeting; b. Must contain the date, time, and place of the meeting; c. Must inform members if proxies are permitted at the meeting and, if so, state the procedure for appointing proxies; d. Must contain a statement of the purpose of the meeting, in the case of a special meeting; e. Must contain any other information required by the articles or bylaws, this chapter, or considered necessary or desirable by the board; and f. May contain any other information considered necessary or desirable by the person calling the meeting. 5. A member may waive notice of a meeting of members. a. A waiver of notice by a member entitled to notice is effective: (1) Whether given before, at, or after the meeting; and (2) Whether given in writing, orally, or by attendance. b. Attendance by a member at a meeting is a waiver of notice of that meeting, unless the member: (1) Objects at the beginning of the meeting to the transaction of business because the meeting is not lawfully called or convened; or (2) Objects before a vote on an item of business because the item may not lawfully be considered at that meeting and does not participate in the consideration of the item at that meeting.
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