Unincorporated Association Must Be Sued By A Class Action, In Which Some Members Are Designated To Represent All Members Of The Association Or By Naming The Elected Members Of Its Board Of Directors As Representative Party Defendants
01/07/08
School district as member of unincorporated voluntary association governing high school activities filed petition for injunction and declaratory relief naming the executive director of the unincorporated voluntary association as the “representative of the class of individuals known as the Missouri State High School Activities Association.” Executive Director is neither a member of nor an elected member of the board of directors of the unincorporated voluntary association. The proper way to sue and obtain service upon a voluntary unincorporated association is by means of a class action, in which some members are designated to represent all members of the association. Failure to follow this procedure means there is not defendant having capacity to be sued before the court and, consequently, totally deprives the circuit court of jurisdiction to proceed. The question of membership is evaluated in accordance with the association’s constitution and by-laws. Suit can also be maintained by naming the elected members of its board of directors as representative party defendants. State ex rel. Blasé v. Richardson, Docket No. 27579 (Mo.App.S.D. 1/07/08)
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