O.C.G.A.

O.C.G.A. § 9-2-25 (2019)

Action against unincorporated association; service of process; venue; what property bound by judgment

✓ 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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(a) Actions may be maintained against and in the name of any unincorporated organization or association for any cause of action for or upon which the plaintiff therein may maintain such an action against the members of the organization or association. (b) Service of process in the action against the organization or association shall be had by service upon any officer or official member of such organization or association, or upon any officer or official member of any branch or local of the organization or association, provided that

any such organization or association may file with the Secretary of State a designated officer or agent upon whom service shall be had and his residence address within the state. If the designation is made and filed, service of process shall be had only on the officer or agent designated, if he can be found within the state. (c) The organization or association shall be suable in any cause of action. The action may be maintained in any county where the organization or association does business or has in existence a branch or local organization. (d) Where a judgment in such actions is rendered in favor of the plaintiff against the organizations or associations, the property of the organization or association shall be liable to the satisfaction of the judgment. No such judgment shall be enforced against the individual property of any member of an unincorporated association, unless the member has personally participated in the transaction for which the action was instituted and has been served with process as provided by law.

History

Ga. L. 1959, p. 44, §§ 2-5.

Annotations

Cross references. Prosecution of actions against less than all copartners, § 9-2-26.

Applicability of Code section to professional associations, § 14-10-17.

JUDICIAL DECISIONS This section is not unconstitutional as contrary to former Ga. Const. 1976, Art. VI, Sec. XIV, Para. VI (see now Ga. Const. 1983, Art. VI, Sec. II, Para. VI). Drake v. Chesser, 230 Ga. 148, 196 S.E.2d 137, 1973 Ga. LEXIS 841 (1973). Purpose of this section is to avoid having to locate a group of individuals in order to file suit in the county where each resides, and to fix a venue in order to bring an action against the association as a whole. Drake v. Chesser, 230 Ga. 148, 196 S.E.2d 137, 1973 Ga. LEXIS 841 (1973). Term “official member,” as used in this section, means a person who is clothed with some official duty or status to perform for the association or organization, other than that imposed upon an officer and more than that imposed upon a person solely because a person is listed as a member on the official rolls of the association or organization. Sheet Metal

Workers Int’l Ass’n v. Carter, 241 Ga. 220, 244 S.E.2d 860, 1978 Ga. LEXIS 991 (1978). This section does not and cannot include a limited partnership. Farmers Hdwe. of Athens, Inc. v. L.A. Properties, Ltd., 136 Ga. App. 180, 220 S.E.2d 465, 1975 Ga. App. LEXIS 1287 (1975). Unincorporated associations may sue and be sued. Rogers v. Lindsey St. Baptist Church, 104 Ga. App. 487, 121 S.E.2d 926, 1961 Ga. App. LEXIS 724 (1961). Service absent designation of agent with Secretary of State. - When designated officer or agent upon whom service may be had has not been filed with Secretary of State, an unincorporated organization or association may be served by serving any officer or official member of any branch or local of the organization or association. American Fed’n of State, County & Mun. Employees v. Rowe, 121

Ga. App. 99, 172 S.E.2d 866, 1970 Ga. App. LEXIS 1123 (1970). Valid service under this section sufficient. - If valid service was obtained under this section, use of any other method of service is immaterial. American Fed’n of State, County & Mun. Employees v. Rowe, 121 Ga. App. 99, 172 S.E.2d 866, 1970 Ga. App. LEXIS 1123 (1970). Suits by members maintainable. - Member of an unincorporated association could sue that association. Piney Grove Baptist Church v. Goss, 255 Ga. App. 380, 565 S.E.2d 569, 2002 Ga. App. LEXIS 634 (2002), cert. denied, No. S02C1411, 2002 Ga. LEXIS 759 (Ga. Sept. 6, 2002).

Order voiding county’s appeal and directing high school association to award baseball victory to another county was in error because the high school association breached its own appeal procedures when it allowed the county to file an untimely appeal without sufficient time for the other county to respond and failed to submit the appeal to the Appeal Board for presentation of evidence, as required in governing White Book. Ga. High Sch. Ass’n v. Charlton County Sch. Dist., 349 Ga. App. 309, 826 S.E.2d 172, 2019 Ga. App. LEXIS 158 (2019).

RESEARCH REFERENCES Am. Jur. 2d. 77 Am. Jur. 2d, Venue, § 40 et seq. C.J.S. 7 C.J.S., Associations, § 92 et seq. 67A C.J.S., Parties, § 48 et seq. ALR. Power to exact license fees or impose a penalty for benefit of private individual or corporation, 13 A.L.R. 828; 19 A.L.R. 205. Responsibility of agricultural society for tort, 52 A.L.R. 1400. Unincorporated association issuing insurance contract as subject to suit as entity in the name in which it contracts, 88 A.L.R. 164. Right of one who makes agreement with an unincorporated association to avoid or defend against agreement because association has no legal existence, 121 A.L.R. 632. Mandamus against unincorporated association or its officers, 137 A.L.R. 311.

Privilege against self-incrimination as available to member or officer of unincorporated association as regards its books or papers, 152 A.L.R. 1208. Recovery by member from unincorporated association for injuries inflicted by tort of fellow member, 14 A.L.R.2d 473. Power and capacity of members of unincorporated association, lodge, society, or club to convey, transfer, or encumber association property, 15 A.L.R.2d 1451. Suability of individual members of unincorporated association as affected by statute or rule permitting association to be sued as an entity, 92 A.L.R.2d 499. Liability of member of unincorporated association for tortious acts of association’s nonmember agent or employee, 62 A.L.R.3d 1165.

Notes of Decisions

Cited in 6 cases, 1984–2019 · leading case: Piney Grove Baptist Church v. Goss, 565 S.E.2d 569 (Ga. Ct. App. 2002).

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Piney Grove Baptist Church v. Goss, 565 S.E.2d 569 (Ga. Ct. App. 2002). · cites it 10× “In 1959, our legislature added OCGA § 9-2-25 to the Georgia Code. This Code section states: “Actions may be maintained against and in the name of any unincorporated organization or association for any cause of action for or upon which the plaintiff therein may maintain such an…”

Mitchell v. Volkswagen Grp. of Am., Inc., 753 F. Supp. 2d 1264 (N.D. Ga. 2010). · cites it 4× “Accordingly, the Court finds that O.C.G.A. § 9-2-25 does not permit Plaintiffs to sue VW-Group.”

Georgia Kraft Co. v. Laborers' Int'l Union of North Am., Local Union 246, 317 S.E.2d 602 (Ga. Ct. App. 1984). · cites it 2× “See OCGA § 9-2-25 (c). The complaint was brought jointly and severally against all defendants.”

Ga. High Sch. Ass'n v. Charlton Cnty. Sch. Dist., 826 S.E.2d 172 (Ga. Ct. App. 2019). · cites it 2× “The trial court found that although Irwin County had styled its appeal "Power Rating Appeal Letter," the letter was "in substance an appeal of the March 15 decision[,]" and, in fact, Irwin County's power rating decreased as a result of the appeal.”

Ramey v. Hosp. Auth. of Habersham Cnty., 462 S.E.2d 787 (Ga. Ct. App. 1995). · cites it 2× “Under OCGA § 9-2-25 (a) “[a]ctions may be maintained against and in the name of any unincorporated organization or association for any cause of action for or upon which the plaintiff therein may maintain such an action against the members of the organization or association.”

Georgia High Sch. Ass'n v. Charlton Cnty. Sch. Dist. (Ga. Ct. App. 2019). · cites it 2× “The White Book, containing the GHSA’s Constitution and Bylaws, is the governing document for GHSA , and consequently, it also governs the relationship between GHSA and its members.”

— 9-2-25(a) — 1 case

Mitchell v. Volkswagen Grp. of Am., Inc., 753 F. Supp. 2d 1264 (N.D. Ga. 2010). “Accordingly, the Court finds that O.C.G.A. § 9-2-25 does not permit Plaintiffs to sue VW-Group.”

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