§ 7312. — 7312. (Amended by Stats. 2006, Ch. 538, Sec. 79.)

California § 7312.

• Jurisdiction: California
• Code CORP: Corporations Code - CORP
• Div.: 2.
• Title 1.: DIVISION 2. NONPROFIT CORPORATION LAW
• Part 3.: PART 3. NONPROFIT MUTUAL BENEFIT CORPORATIONS
• Ch. 3.: CHAPTER 3. Members
• Art. 1.: ARTICLE 1. Issuance of Memberships

Text

No person may hold more than one membership, and no fractional memberships may be held, except as follows:
(a)
Two or more persons may have an indivisible interest in a single membership when authorized by, and in a manner or under the circumstances prescribed by, the articles or bylaws subject to Section 7612.
(b)
If the articles or bylaws provide for classes of membership and if the articles or bylaws permit a person to be a member of more than one class, a person may hold a membership in one or more classes.
(c)
Any branch, division, or office of any person, which is not formed primarily to be a member, may hold a separate membership.
(d)
In the case of membership in an owners’ association, created in connection with any of the forms of development referred to in Section 11004.5 of the Business and Professions Code, the articles or bylaws may permit a person who owns an interest, or who has a right of exclusive occupancy, in more than one lot, parcel, area, apartment, or unit to hold a separate membership in the owners’ association for each lot, parcel, area, apartment, or unit.
(e)
In the case of membership in a mutual water company, as defined in Section 14300, the articles or bylaws may permit a person entitled to membership by reason of the ownership, lease, or right of occupancy of more than one lot, parcel, or other service unit to hold a separate membership in the mutual water company for each lot, parcel, or other service unit.
(f)
In the case of membership in a mobilehome park acquisition corporation, as described in Section 11010.8 of the Business and Professions Code, a bona fide secured party who has, pursuant to a security interest in a membership, taken title to the membership by way of foreclosure, repossession, or voluntary repossession, and who is actively attempting to resell the membership to a prospective homeowner or resident of the mobilehome park, may own more than one membership.

Legislative History

Amended by Stats. 2006, Ch. 538, Sec. 79. Effective January 1, 2007.