O.C.G.A.

O.C.G.A. § 9-2-24 (2019)

Action by unincorporated association

✓ 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.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

An action may be maintained by and in the name of any unincorporated organization or association.

History

Ga. L. 1959, p. 44, § 1.

Annotations

Cross references. Applicability of Code section to professional associations, § 14-10-17. JUDICIAL DECISIONS Capacity to bring suit. - Unincorporated association of owners of property in a residential community had the capacity to bring an action against the operator of community recreational amenities and property owners’ association; overruling

Embassy Row Assoc. v. Rawlins, 162 Ga. App. 669, 292 S.E.2d 541 (1982). Fairfield Plantation Action Comm., Inc. v. Plantation Equity Group, Inc., 215 Ga. App. 746, 452 S.E.2d 147, 1994 Ga. App. LEXIS 1364 (1994).

OPINIONS OF THE ATTORNEY GENERAL Business trust is an association, as opposed to a corporation. 1980 Op. Att’y Gen. No. 80-144. RESEARCH REFERENCES Am. Jur. 2d. 6 Am. Jur. 2d, Associations and Clubs, §§ 4 et seq., 31 et seq. Am. Jur. Pleading and Practice Forms. 16 Am. Jur. Pleading and Practice Forms, Labor and Labor Relations, § 2. C.J.S. 7 C.J.S., Associations, § 85 et seq. 67A C.J.S., Parties, § 235. ALR. Rights and remedies in respect of mem-

bership in, or establishment and maintenance of local post of, American Legion or other veterans’ organization, 147 A.L.R. 590. Right of labor union, or other organization for protection or promotion of interests of members, to challenge validity of statute or ordinance on behalf of members, 2 A.L.R.2d 917. Joint venture’s capacity to sue, 56 A.L.R.4th 1234.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1994–2022 · leading case: Sons of Confederate Vets. v. Henry Cnty. Bd. of Commissioners (two Cases), 315 Ga. 39 (Ga. 2022).

Sort: Relevance Newest Treatment

Sons of Confederate Vets. v. Henry Cnty. Bd. of Commissioners (two Cases), 315 Ga. 39 (Ga. 2022). · cites it 4× “See OCGA §§ 9-2-24 (“An action may be maintained by and in the name of any unincorporated organization or association.”

Fairfield Plantation Action Comm., Inc. v. Plantation Equity Grp., Inc., 452 S.E.2d 147 (Ga. Ct. App. 1994). · cites it 2× “However, we agree with plaintiff that the trial court erred in concluding that plaintiff did not have capacity to bring suit when it initially filed its complaint as an unincorporated association.”

Watson/Winter Jt. Venture v. Milledge, 480 S.E.2d 389 (Ga. Ct. App. 1997). · cites it 2× “” OCGA § 9-2-24. Nevertheless, we are unable to address any enumeration of error dependent upon a review of the evidence submitted before the trial court, because there is no transcript of the proceedings below nor any attempt to recreate the record as contemplated by OCGA §…”

Nat'l Collegiate Student Loan Trust 2007-3 v. Dana Clayborn (Ga. Ct. App. 2020). · cites it 2× “OCGA § 9-2-24 provides that “[a]n action may be maintained by and in the name of any unincorporated organization or association.”

Newton v. S. Wood Piedmont Co., 163 F.R.D. 625 (1995). “See O.C.G.A. § 9-2-24. . Plaintiff proposes “the creation of a fund to be administered on a long term future basis for the purpose of diagnosing various illnesses associated with the presence of Defendants’ wood preserving chemicals and solvents.”

Mason v. United States (Fed. Cl. 2021). “5 Ga. Code Ann. § 9-2-24 . Defendant further contends that even if a tenancy in common can bring suit, the terms of the Agreement prevent the Jasper TIC from doing so, specifically pointing to the provision 5 The Georgia Code does not provide a definition for “unincorporated…”

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.