Title 10 – Corporations and Associations

Chapter 29 – Members and Membership-nonprofit Corporations

Article 2 – Types of Memberships-members’ Rights and Obligations

• A. A member may become liable to the corporation for dues, assessments and fees. A provision of the articles of incorporation, a provision of the bylaws or a resolution adopted by the board authorizing or imposing dues, assessments or fees does not, of itself, create liability for dues, assessments or fees. An express or implied agreement, consent or acquiescence by the member is necessary to create liability for dues, assessments or fees. A member is deemed to have agreed to the liability if there exists at the time the member becomes a member a provision of the articles of incorporation, a provision of the bylaws, a provision of the declaration of a condominium or a planned community or a resolution adopted by the board authorizing or imposing dues, assessments or fees.
• B. A home buyer may implicitly consent to liability for dues, assessments and fees.
• C. Unless the provision authorizing dues expressly limits the amount of the dues, the amount and the member’s liability are subject to increase or decrease.