Section 10A-17-1.01 Short title. This chapter together with applicable provisions of Chapter 1 may be cited as the Alabama Unincorporated Nonprofit Association Law. (Acts 1995, No. 95-527, p. 1064, §1; §10-3B-1; amended and renumbered by Act 2009-513, p. 967, §320.)
Section 10A-17-1.02 Definitions. In this chapter: (1) “Member” means a person who, under the rules or practices of a nonprofit association, may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policy of the nonprofit association. (2) “Nonprofit association” means an unincorporated organization consisting […]
Section 10A-17-1.03 Supplementary general principles of law and equity. Principles of law and equity supplement this chapter unless specifically displaced by a particular provision of it. (Acts 1995, No. 95-527, p. 1064, §3; §10-3B-3; amended and renumbered by Act 2009-513, p. 967, §320.)
Section 10A-17-1.04 Governance. (a) A nonprofit association may adopt written rules for its regulation, management, governance and dissolution. (b) As to matters not addressed by written rules, the following rules shall apply: (1) A member of a nonprofit association shall be entitled to participate in the governance of the association. A majority of the votes […]
Section 10A-17-1.05 Real and personal property; nonprofit association as legatee, devisee, or beneficiary. (a) Unless prohibited or otherwise limited by its written rules or governing documents, a nonprofit association in its name may acquire, hold, encumber, or transfer an estate or interest in real or personal property. (b) Unless prohibited or otherwise limited by its […]
Section 10A-17-1.06 Statement of authority as to real property. (a) A nonprofit association shall execute and record a statement of authority to transfer an estate or interest in real property in the name of the nonprofit association. (b) An estate or interest in real property in the name of a nonprofit association may be transferred […]
Section 10A-17-1.07 Liability in tort and contract. (a) A nonprofit association is a legal entity separate from its members for the purposes of determining and enforcing rights, duties, and liabilities in contract and tort. (b) A person is not liable for a breach of a nonprofit association’s contract merely because the person is a member, […]
Section 10A-17-1.08 Capacity to assert and defend; standing. (a) A nonprofit association, in its name, may institute, defend, intervene, or participate in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution. (b) A nonprofit association may assert a claim in its name on behalf […]
Section 10A-17-1.09 Effect of judgment or order. A judgment or order against a nonprofit association is not by itself a judgment or order against a member. (Acts 1995, No. 95-527, p. 1064, §9; §10-3B-9; amended and renumbered by Act 2009-513, p. 967, §320.)
Section 10A-17-1.10 Disposition of personal property of inactive or dissolved nonprofit association. If a nonprofit association has been inactive for five years or longer, or has been dissolved, a person in possession or control of personal property of the nonprofit association may transfer the property: (1) If a document of a nonprofit association specifies a […]
Section 10A-17-1.11 Appointment of agent to receive service of process. (a) A nonprofit association may deliver to the Secretary of State for filing a statement appointing an agent authorized to receive service of process. (b) A statement appointing an agent shall set forth: (1) The name of the nonprofit association; (2) The address in Alabama, […]
Section 10A-17-1.12 Claim not abated by change of members or offices. A claim for relief against a nonprofit association does not abate merely because of a change in its members or persons authorized to manage the affairs of the nonprofit association. (Acts 1995, No. 95-527, p. 1064, §12; §10-3B-12; amended and renumbered by Act 2009-513, […]
Section 10A-17-1.13 Venue. Venue shall be as is provided in Section 6-3-6, as may be amended from time to time. (Acts 1995, No. 95-527, p. 1064, §13; §10-3B-13; amended and renumbered by Act 2009-513, p. 967, §320.)
Section 10A-17-1.14 Summons and complaint; service on whom. In an action or proceeding against a nonprofit association, a summons and complaint shall be served on an agent authorized by appointment in Section 10A-17-1.11 herein to receive service of process, or on an officer, managing or general agent, or person authorized to participate in the management […]
Section 10A-17-1.15 Transition concerning real and personal property. (a) If, before January 1, 1996, an estate or interest in real or personal property was purportedly transferred to a nonprofit association, on January 1, 1996 the estate or interest vests in the nonprofit association unless the parties have treated the transfer as ineffective. (b) If, before […]
Section 10A-17-1.16 Other acts not repealed. The following sections and parts of sections of the Code of Alabama 1975, as amended, are not repealed by this chapter: (1) Sections 2-10-1 through 2-10-108, regarding cooperatives and associations. (2) Section 6-3-4, regarding venue of actions against unincorporated groups issuing insurance policies. (3) Section 6-3-6, regarding venue of […]
Section 10A-17-1.17 Savings clause. This chapter does not affect an action or proceeding commenced or right accrued before this chapter takes effect. (Acts 1995, No. 95-527, p. 1064, §17; §10-3B-17; amended and renumbered by Act 2009-513, p. 967, §320.)
Section 10A-17-1.18 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. (Acts 1995, No. 95-527, p. 1064, §18; §10-3B-18; amended and renumbered by Act 2009-513, p. 967, §320.)