Section 355.211

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 355

Effective - 24 Jun 1997, see footnote   

  355.211.  Expulsion, suspension, termination of member — procedure. — 1.  No member of a public benefit corporation other than a church or convention or association of churches or mutual benefit corporation may be expelled or suspended, and no membership or memberships in such corporations may be terminated or suspended except pursuant to a procedure which is fair and reasonable and is carried out in good faith.  In no event shall suspension of a member's right to use amenities, recreational facilities or such other facilities as that member may be entitled to, be considered to be a suspension by any such corporation of such member.

  2.  A procedure is fair and reasonable when either:

  (1)  The articles or bylaws set forth a procedure which provides:

  (a)  Not less than fifteen days' prior written notice of the expulsion, suspension or termination and the reasons therefor; and

  (b)  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

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

  3.  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 corporation's records.

  4.  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 expulsion, suspension or termination.

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(L. 1994 H.B. 1095, A.L. 1997 H.B. 655 merged with S.B. 170)

Effective 6-24-97 (H.B. 655); 5-20-97 (S.B. 107)