Published: 2015-07-08
Key Benefits:
Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this title.
(Added by Stats. 2004, Ch. 178, Sec. 10. Effective January 1, 2005.)
“Board” means the board of directors or other governing body of an unincorporated association.
(Added by Stats. 2005, Ch. 116, Sec. 1. Effective January 1, 2006.)
“Director” means a natural person serving as a member of the board or other governing body of the unincorporated association.
(Amended by Stats. 2005, Ch. 116, Sec. 2. Effective January 1, 2006.)
“Governing document” means a constitution, articles of association, bylaws, or other writing that governs the purpose or operation of an unincorporated association or the rights or obligations of its members.
(Added by Stats. 2005, Ch. 116, Sec. 3. Effective January 1, 2006.)
“Governing principles” means the principles stated in an unincorporated association’s governing documents. If an association has no governing documents or the governing documents do not include a provision governing an issue, the association’s governing principles regarding that issue may be inferred from its established practices. For the purpose of this section, “established practices” means the practices used by an unincorporated association without material change or exception during the most recent five years of its existence, or if it has existed for less than five years, during its entire existence.
(Amended by Stats. 2005, Ch. 116, Sec. 4. Effective January 1, 2006.)
(a) If the governing principles of an unincorporated association define the membership of the association, “member” has the meaning provided by the governing principles.
(b) If the governing principles of an unincorporated association do not define the membership of the association, “member” means a person who, pursuant to the governing principles of the unincorporated association, has a right to participate in the selection of persons authorized to manage the affairs of the unincorporated association or in the development of policy of the unincorporated association, but does not include a person who participates solely as director, officer, or agent of the association.
(Added by Stats. 2004, Ch. 178, Sec. 10. Effective January 1, 2005.)
(a) “Nonprofit association” means an unincorporated association with a primary common purpose other than to operate a business for profit.
(b) A nonprofit association may carry on a business for profit and apply any profit that results from the business activity to any activity in which it may lawfully engage.
(Added by Stats. 2004, Ch. 178, Sec. 10. Effective January 1, 2005.)
“Officer” means a natural person serving as an unincorporated association’s chair, president, secretary, chief financial officer, or other position of authority that is established pursuant to the association’s governing principles.
(Added by Stats. 2004, Ch. 178, Sec. 10. Effective January 1, 2005.)
“Person” includes a natural person, corporation, partnership, or other unincorporated organization, government, or governmental subdivision or agency, or any other entity.
(Added by Stats. 2004, Ch. 178, Sec. 10. Effective January 1, 2005.)
(a) “Unincorporated association” means an unincorporated group of two or more persons joined by mutual consent for a common lawful purpose, whether organized for profit or not.
(b) Joint tenancy, tenancy in common, community property, or other form or property tenure does not by itself establish an unincorporated association, even if coowners share ownership of the property for a common purpose.
(c) Marriage or creation of a registered domestic partnership does not by itself establish an unincorporated association.
(Added by Stats. 2004, Ch. 178, Sec. 10. Effective January 1, 2005.)
