SECTIONS 18100-18135 - California Statutes

CORPORATIONS CODE

SECTION 18100-18135

18100. The interest of a member in an unincorporated association is
personal property.

18105. An unincorporated association may, in its name, acquire,
hold, manage, encumber, or transfer an interest in real or personal
property.

18110. Property acquired by or for an unincorporated association is
property of the unincorporated association and not of the members
individually.

18115. The acquisition, transfer, or encumbrance of an interest in
real property by an unincorporated association shall be executed by
its president and secretary or other comparable officers, or by a
person specifically designated by a resolution adopted by the
association, or by a committee or other body or person authorized to
act by the governing principles of the association.

18120. (a) An unincorporated association may record in a county in
which it has an interest in real property a verified and acknowledged
statement of authority stating the name of the association, and the
names, title, or capacity of its officers and other persons who are
authorized on its behalf to acquire, transfer, or encumber real
property. For the purposes of this section, "statement of authority"
includes a certified copy of a statement recorded in another county.
(b) An unincorporated association may revoke a statement of
authority by recording either of the following documents in the
county in which the statement of authority is recorded:
(1) A new statement of authority that satisfies the requirements
of subdivision (a). The new statement supersedes the revoked
statement.
(2) A verified and acknowledged document that expressly revokes
the statement of authority.
(c) It shall be conclusively presumed in favor of a bona fide
transferor, or purchaser, or encumbrancer for value of real property
of the association located in the county in which a statement of
authority has been recorded pursuant to subdivision (a), that a
person designated in the statement is authorized to acquire,
transfer, or encumber real property on behalf of the association.
(d) The presumption provided in subdivision (c) does not apply if,
before the acquisition, transfer, or encumbrance, either of the
following occurs:
(1) The statement of authority is revoked by the unincorporated
association.
(2) A person claiming to be a member, director, or officer of the
unincorporated association records, in the county in which the
property is located, a verified and acknowledged document stating
that the statement of authority is erroneous or unauthorized.

18125. No limitation on the power of an unincorporated association
to acquire, hold, manage, pledge, encumber, or transfer an interest
in real or personal property, or the manner of exercise of those
powers, shall be asserted as between the unincorporated association
or a member of the unincorporated association and a third person,
except in the following proceedings:
(a) A proceeding to enjoin an unauthorized act, or the
continuation of an unauthorized act, where a third person has not yet
acquired rights that would be adversely affected by the injunction,
or where, at the time of the unauthorized act, the third person had
actual knowledge that the act was unauthorized.
(b) A proceeding to dissolve the unincorporated association.
(c) A proceeding against a director, officer, or agent of the
unincorporated association for violation of that person's authority.

18130. After all of the known debts and liabilities of an
unincorporated association in the process of winding up its affairs
have been paid or adequately provided for, the assets of the
association shall be distributed in the following manner:
(a) Assets held upon a valid condition requiring return, transfer,
or conveyance of the assets, which condition has occurred or will
occur, shall be returned, transferred, or conveyed in accordance with
the condition.
(b) After complying with subdivision (a), any remaining assets
that are held in trust shall be distributed in accordance with the
trust.
(c) After complying with subdivisions (a) and (b), any remaining
assets shall be distributed in accordance with the governing
principles of the association. If the governing principles do not
provide the manner of distribution of the assets, the assets shall be
distributed pro rata to the current members of the association.

18135. (a) Notwithstanding Section 18260, a cause of action against
an unincorporated association may be enforced against a person who
received assets distributed under Section 18130. Liability under this
section shall be limited to the value of the assets distributed to
the person or the person's pro rata share of the claim against the
unincorporated association, whichever is less.
(b) An action under this section shall be commenced before the
earlier of the following dates:
(1) Expiration of the statute of limitations applicable to the
cause of action.
(2) Four years after dissolution of the unincorporated
association. This paragraph does not apply in a quiet title action.