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resources / Statutes / Colorado Common Interest Ownership Act / §7-128-302

§7-128-302 Duties of officers

Title 7 – Corporations and Associations

Article 126 – Members and Memberships

Termination, expulsion, or suspension

7-126-302. Termination, expulsion, or suspension

(1) Unless otherwise provided by the bylaws, no member of a nonprofit corporation may be expelled or suspended, and no membership or memberships in such nonprofit corporation may be terminated or suspended except pursuant to a procedure that is fair and reasonable and is carried out in good faith.
(2) For purposes of this section, a procedure is fair and reasonable when either:

(a) The bylaws or a written policy of the board of directors state a procedure that provides:

(I) Not less than fifteen days prior written notice of the expulsion, suspension, or termination and the reasons therefor; and
(II) An opportunity for the member to be heard, orally or in writing, not less than five days before the effective date of the expulsion, suspension, or termination by a person or persons authorized to decide that the proposed expulsion, termination, or suspension not take place; or

(b) It is fair and reasonable taking into consideration all of the relevant facts and circumstances.

(3) For purposes of this section, any written notice given by mail must be given by first-class or certified mail sent to the last address of the member shown on the nonprofit corporation’s records.
(4) Unless otherwise provided by the bylaws, any proceeding challenging an expulsion, suspension, or termination, including a proceeding in which defective notice is alleged, must be commenced within one year after the effective date of the expulsion, suspension, or termination.
(5) Unless otherwise provided by the bylaws, a member who has been expelled or suspended may be liable to the nonprofit corporation for dues, assessments, or fees as a result of obligations incurred or commitments made prior to expulsion or suspension.

History


Source: L. 97: Entire article added, p. 672, § 3, effective July 1, 1998. L. 2003: IP(2)(a) amended, p. 2337, § 290, effective July 1, 2004.

State Notes

ANNOTATION

Where the nonprofit corporation is a church,a civil court has no authority to reverse the church’s decision, no matter how arbitrary or unfair, to expel a member. Levitt v. Calvary Temple of Denver, 33 P.3d 1227 (Colo. App. 2001).