76-1313. Developer or association; representatives on governing body; separate advisory committee; selection; powers.

(1) When the developer or association of a Nebraska retirement subdivision or community is incorporated or has a certificate of authority to transact business under Nebraska statutes as a nonprofit corporation and such corporation governs the management of only one retirement subdivision or community, then:

(a) The purchasers of lands or units in the retirement subdivision or community shall annually have the opportunity to democratically select and designate at least one individual to represent the purchasers and to act as a member of the governing body of the corporation. A representative shall have the right to be present at all meetings, including committee meetings and executive sessions, of the governing body, to speak and to express opinions, and to vote on any of the business to come before the governing body. A representative shall be deemed to have been duly installed and to have his or her term commence upon election;

(b) The election shall be conducted in total by the purchasers described in subdivision (1) (a) of this section pursuant to rules adopted by them in open session; and

(c) The developer and association shall in no way attempt to interfere with, influence, or abridge the right of the purchasers to organize and conduct the election or the results of the election.

(2) When the developer or association of a Nebraska retirement subdivision or community is incorporated or has a certificate of authority to transact business under Nebraska statutes as a nonprofit corporation and such corporation governs the management of more than one retirement subdivision or community, then it may comply with subsection (1) of this section or comply with the following requirements:

(a) The corporation shall establish for each of its retirement subdivisions and communities a separate advisory committee composed of at least two purchasers of lands or units in that retirement subdivision or community;

(b) The purchasers in each retirement subdivision and community shall annually have the opportunity to democratically select and designate at least two individuals to represent the purchasers on that retirement subdivision's or community's advisory committee;

(c) The election for each retirement subdivision and community shall be conducted entirely by the purchasers in that particular retirement subdivision or community pursuant to rules adopted by them in an open meeting;

(d) The developer and any association shall in no way attempt to interfere with, influence, or abridge the right of the purchasers to organize and conduct the election or the results of the election;

(e) The corporation's governing body shall meet formally with each advisory committee at least once annually to provide the advisory committee an opportunity to speak and express opinions and obtain information relating to the financial condition and operation of the retirement community or subdivision; and

(f) An advisory committee shall be provided upon written request minutes of the governing body's meetings and of any financial statements of the corporation.

Source:Laws 1972, LB 1311, § 13; Laws 1990, LB 978, § 2; Laws 2003, LB 61, § 10.