2018 Indiana Code
TITLE 23. Business and other Associations
ARTICLE 17. NONPROFIT CORPORATIONS
CHAPTER 7. Members; Admission; Types of Memberships; Rights and Duties
23-17-7-7. Liability for obligations; transferee's liability

Universal Citation: IN Code § 23-17-7-7 (2018)
IC 23-17-7-7 Liability for obligations; transferee's liability

     Sec. 7. (a) A member may become liable to the corporation for dues, assessments, or fees. However:

(1) an article of incorporation or a bylaw provision; or

(2) a resolution adopted by the board of directors;

authorizing or imposing dues, assessments, or fees does not create liability to pay the obligation. However, nonpayment constitutes grounds for expelling or suspending the member or suspending or terminating the membership. The validity of mandatory membership and the validity of a lien imposed by a recorded declaration of covenant or a similar commitment running with the real property or an interest in the real property is not affected by this subsection.

     (b) A permitted transferee of a membership having notice at the time of the transfer of unpaid dues, assessments, or fees of the transferor is liable to the corporation for unpaid dues, assessments, or fees. However, a transferee who is an executor, an administrator, a guardian, a trustee, a receiver, or a pledgee is not personally liable for any unpaid consideration due to the corporation. An heir or a legatee who is a permitted transferee may surrender the membership to the corporation without incurring any liability for any unpaid consideration.

As added by P.L.179-1991, SEC.1. Amended by P.L.96-1993, SEC.7.

 

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