2005 Minnesota Statutes

     306.111 Vacancies among associates, procedure for 
  filling. 

    Subdivision 1.    Authorization.  An incorporated public 
 cemetery association without capital stock, organized under 
 state law, which has acquired a burial site and sold lots in it 
 and for which a majority of the associates of the corporation 
 are deceased or have for three years or more not acted as 
 associates, may by a meeting of the lot owners of the cemetery 
 fill the vacancies among the associates.  

    Subd. 2.    Notice of meeting.  Three or more lot owners 
 of the cemetery may mail notice to all the lot owners known to 
 them or whose addresses appear in the cemetery records that a 
 meeting of the lot owners will be held not less than 14 days 
 after the mailing at a time and place to be fixed by them and 
 designated in the notice, in the county where the cemetery is 
 located, for the purpose of filling the vacancies among the 
 associates.  

    Subd. 3.    Meeting.  The meeting must be held at the 
 time and place provided in the notice.  An owner of one or more 
 lots in the cemetery may attend in person or by proxy and is 
 entitled to one vote at that and all subsequent meetings of the 
 lot owners.  The meeting may be called to order by any lot owner 
 and shall be organized by choosing in the usual manner a chair 
 and a secretary.  The meeting must then proceed to fill the 
 vacancies among the associates.  A voice vote must be used 
 unless otherwise ordered by those present at the meeting.  A 
 majority of the lot owners voting at the meeting shall elect.  

    Subd. 4.    Certificate; contents.  The chair and the 
 secretary of the meeting shall, within five days after the 
 meeting is held, prepare a certificate that recites the facts 
 required by subdivision 1.  It must also state that the meeting 
 was held, giving the names of the chair and the secretary and 
 the names of the lot owners present and voting.  However, if 
 more than ten are present and voting, the names of ten of the 
 voters are sufficient, but in that case the number of lot owners 
 present and voting must be stated.  The certificate must also 
 give the names of the persons elected as associates.  The 
 certificate must be recorded at length in the office of the 
 county recorder in the county where the cemetery is located.  
 The certificate or the record of it is prima facie evidence of 
 all the facts stated in it that are required to be stated. 

    Subd. 5.    Powers of associates.  The associates 
 elected at the meeting of the lot owners shall exercise the 
 powers of associates provided by law and the articles of 
 incorporation of the association, and fill any vacancy in the 
 board of directors or trustees of the association. 

    HIST: 1959 c 7 s 1-5; 1976 c 181 s 2; 1984 c 543 s 14; 1986 c 
 444; 1988 c 469 art 5 s 1