O.C.G.A.
O.C.G.A.

O.C.G.A. § 46-3-260 (2019)

Qualifications of members; provision by articles of incorporation or bylaws for transfer, classification, and termination of memberships

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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All persons who may lawfully receive service from an electric membership corporation and who are receiving or have agreed to receive such service shall be members therein, subject to complying with such additional conditions and requirements for membership as are set forth in the articles of incorporation or bylaws of the electric membership corporation. The articles of incorporation or bylaws may also provide criteria for, procedures for, and limitations upon the transfer, classification, and termination of memberships in an electric membership corporation.

History

(Ga. L. 1937, p. 644, § 10; Code 1933, § 34C-501, enacted by Ga. L. 1981, p. 1587, § 1.)

Annotations

JUDICIAL DECISIONS It is not required that a transmission line serve more than one member. Hagans v. Excelsior Elec. Membership Corp., 207 Ga. 53, 60 S.E.2d 162 (1950). Fact that property used as resort does not prevent owner from becoming member. - The fact that an applicant’s property is used for a fishing camp or pleasure resort, and not as a farm home, permanent dwelling, or place of business, does not prevent the applicant becoming a member of the corpora-

tion and receiving electric service, or the corporation from furnishing electric energy to the applicant. Hagans v. Excelsior Elec. Membership Corp., 207 Ga. 53, 60 S.E.2d 162 (1950). Cited in Georgia Power Co. v. Okefenokee Rural Elec. Membership Corp., 217 Ga. 219, 121 S.E.2d 777 (1961); Savannah Elec. & Power Co. v. Planters Elec. Membership Corp., 217 Ga. 842, 125 S.E.2d 651 (1962).

RESEARCH REFERENCES Am. Jur. 2d. - 18 Am. Jur. 2d, Cooperative Associations, §§ 14, 21. 27A Am. Jur. 2d, Energy and Power Sources, §§ 43, 45. C.J.S. - 29 C.J.S., Electricity, § 10.

ALR. - Duty of mutual association, nonprofit organization or co-operative to furnish utilities services, 56 ALR2d 413.

Notes of Decisions
Cited in 3 cases, 1990–2018 · leading case: William Gordon Clyatt v. Grady Elec. Membership Corp., 821 S.E.2d 140 (Ga. Ct. App. 2018).
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William Gordon Clyatt v. Grady Elec. Membership Corp., 821 S.E.2d 140 (Ga. Ct. App. 2018). · cites it 2× “OCGA §§ 46-3-260, 46-3-266. These two cases arise from a dispute among some members of the Grady Electric Membership Corporation ("Grady EMC") and its management team.”
Jordan v. Georgia Power Co., 466 S.E.2d 601 (Ga. Ct. App. 1996). · cites it 2× “Members of the corporation have the right to vote (OCGA § 46-3-266), to bring derivative actions (OCGA § 46-3-272), and to remove directors and certain officers and agents (OCGA §§ 46-3-295 and 46-3-302 (b), respectively).”
Lowman v. State, 398 S.E.2d 832 (Ga. Ct. App. 1990). · cites it 2× “Members of the corporation have the right to vote (OCGA § 46-3-266), to bring derivative actions (OCGA § 46-3-272), and to remove directors and certain officers and agents (OCGA §§ 46-3-295 and 46-3-302 (b), respectively).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.