355.211. Expulsion, suspension, termination of member--procedure. - Missouri Statutes

Expulsion, suspension, termination of member--procedure.

355.211. 1. No member of a public benefit corporation other than achurch or convention or association of churches or mutual benefitcorporation may be expelled or suspended, and no membership or membershipsin such corporations may be terminated or suspended except pursuant to aprocedure which is fair and reasonable and is carried out in good faith.In no event shall suspension of a member's right to use amenities,recreational facilities or such other facilities as that member may beentitled to, be considered to be a suspension by any such corporation ofsuch member.

2. A procedure is fair and reasonable when either:

(1) The articles or bylaws set forth a procedure which provides:

(a) Not less than fifteen days' prior written notice of theexpulsion, suspension or termination and the reasons therefor; and

(b) An opportunity for the member to be heard, orally or in writing,not less than five days before the effective date of the expulsion,suspension or termination by a person or persons authorized to decide thatthe proposed expulsion, termination or suspension not take place; or

(2) It is fair and reasonable taking into consideration all of therelevant facts and circumstances.

3. Any written notice given by mail must be given by first class orcertified mail sent to the last address of the member shown on thecorporation's records.

4. Any proceeding challenging an expulsion, suspension ortermination, including a proceeding in which defective notice is alleged,must be commenced within one year after the effective date of expulsion,suspension or termination.

(L. 1994 H.B. 1095, A.L. 1997 H.B. 655 merged with S.B. 170)

Effective 6-24-97 (H.B. 655) 5-20-97 (S.B. 107)