§ 7-30-106 — Liability in contract and tort

(1) A nonprofit association is a legal
entity separate from its members for the purposes of determining and enforcing
rights, duties, and liabilities in contract and tort.

(2) A person is not liable for a breach of a nonprofit association's contract
merely because the person is a member of the nonprofit association, is authorized
to participate in the management of the affairs of the nonprofit association, or is a
person considered to be a member by the nonprofit association.

(3) A person is not liable for a tortious act or omission for which a nonprofit
association is liable merely because the person is a member of the nonprofit
association, is authorized to participate in the management of the affairs of the
nonprofit association, or is a person considered to be a member by the nonprofit
association.

(4) A tortious act or omission of a member or other person for which a
nonprofit association is liable is not imputed to a person merely because the person
is a member of the nonprofit association, is authorized to participate in the
management of the affairs of the nonprofit association, or is a person considered to
be a member by the nonprofit association.

(5) A member of, or a person considered to be a member by, a nonprofit
association may assert a claim against the nonprofit association. A nonprofit
association may assert a claim against a member or a person considered to be a
member by the nonprofit association.

Legislative History

Source: L. 94: Entire article added, p. 1273, � 1, effective May 22.