GA Code § 9-2-25 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 2 - Actions Generally|Article 2 - Parties|§ 9-2-25. Action Against Unincorporated Association; Service of Process; Venue; What Property Bound by Judgment

  Actions may be maintained against and in the name of any unincorporated organization or association for any cause of action for or upon which the plaintiff therein may maintain such an action against the members of the organization or association.   Service of process in the action against the organization or association shall be had by service upon any officer or official member of such organization or association, or upon any officer or official member of any branch or local of the organization or association, provided that any such organization or association may file with the Secretary of State a designated officer or agent upon whom service shall be had and his residence address within the state. If the designation is made and filed, service of process shall be had only on the officer or agent designated, if he can be found within the state.   The organization or association shall be suable in any cause of action. The action may be maintained in any county where the organization or association does business or has in existence a branch or local organization.   Where a judgment in such actions is rendered in favor of the plaintiff against the organizations or associations, the property of the organization or association shall be liable to the satisfaction of the judgment. No such judgment shall be enforced against the individual property of any member of an unincorporated association, unless the member has personally participated in the transaction for which the action was instituted and has been served with process as provided by law.    (Ga. L. 1959, p. 44, §§ 2-5.)   Cross references.   - Prosecution of actions against less than all copartners, § 9-2-26.    Applicability of Code section to professional associations, § 14-10-17.   JUDICIAL DECISIONS    This section is not unconstitutional as contrary to former Ga. Const. 1976, Art. VI, Sec. XIV, Para. VI (see now Ga. Const. 1983, Art. VI, Sec. II, Para. VI). Drake v. Chesser, 230 Ga. 148, 196 S.E.2d 137 (1973).    Purpose of this section is to avoid having to locate a group of individuals in order to file suit in the county where each resides, and to fix a venue in order to bring an action against the association as a whole. Drake v. Chesser, 230 Ga. 148, 196 S.E.2d 137 (1973).    Term "official member," as used in this section, means a person who is clothed with some official duty or status to perform for the association or organization, other than that imposed upon an officer and more than that imposed upon a person solely because a person is listed as a member on the official rolls of the association or organization. Sheet Metal Workers Int'l Ass'n v. Carter, 241 Ga. 220, 244 S.E.2d 860 (1978).    This section does not and cannot include a limited partnership. Farmers Hdwe. of Athens, Inc. v. L.A. Properties, Ltd., 136 Ga. App. 180, 220 S.E.2d 465 (1975).    Unincorporated associations may sue and be sued. Rogers v. Lindsey St. Baptist Church, 104 Ga. App. 487, 121 S.E.2d 926 (1961).   Service absent designation of agent with Secretary of State.    - When designated officer or agent upon whom service may be had has not been filed with Secretary of State, an unincorporated organization or association may be served by serving any officer or official member of any branch or local of the organization or association. American Fed'n of State, County & Mun. Employees v. Rowe, 121 Ga. App. 99, 172 S.E.2d 866 (1970).   Valid service under this section sufficient.    - If valid service was obtained under this section, use of any other method of service is immaterial. American Fed'n of State, County & Mun. Employees v. Rowe, 121 Ga. App. 99, 172 S.E.2d 866 (1970).   Suits by members maintainable.    - Member of an unincorporated association could sue that association. Piney Grove Baptist Church v. Goss, 255 Ga. App. 380, 565 S.E.2d 569 (2002).    Order voiding county's appeal and directing high school association to award baseball victory to another county was in error because the high school association breached its own appeal procedures when it allowed the county to file an untimely appeal without sufficient time for the other county to respond and failed to submit the appeal to the Appeal Board for presentation of evidence, as required in governing White Book. Ga. High Sch. Ass'n v. Charlton County Sch. Dist., 349 Ga. App. 309, 826 S.E.2d 172 (2019).    Cited in Smith v. UMW, 180 F. Supp. 796 (M.D. Ga. 1958); Smith v. United Constr. Workers, 106 Ga. App. 87, 126 S.E.2d 307 (1962); Edwards v. United Stone & Allied Prods. Workers of Am., 220 Ga. 183, 137 S.E.2d 632 (1964); American Fed'n of State, County & Mun. Employees v. Rowe, 121 Ga. App. 99, 172 S.E.2d 866 (1970); Stein Printing Co. v. Atlanta Typographical Union 48, 329 F. Supp. 754 (N.D. Ga. 1971); Drake v. Chesser, 230 Ga. 148, 196 S.E.2d 137 (1973); Freeman v. Motor Convoy, Inc., 409 F. Supp. 1100 (N.D. Ga. 1975); Ramey v. Hospital Auth., 218 Ga. App. 618, 462 S.E.2d 787 (1995).   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Associations and Clubs, §§ 46, 51 et seq. 59 Am. Jur. 2d, Parties, §§ 311, 413. 77 Am. Jur. 2d, Venue, § 5.   C.J.S.   - 7 C.J.S., Associations, § 92 et seq. 67A C.J.S., Parties, § 54.   ALR.    - Power to exact license fees or impose a penalty for benefit of private individual or corporation, 13 A.L.R. 828; 19 A.L.R. 205.    Responsibility of agricultural society for tort, 52 A.L.R. 1400.    Unincorporated association issuing insurance contract as subject to suit as entity in the name in which it contracts, 88 A.L.R. 164.    Right of one who makes agreement with an unincorporated association to avoid or defend against agreement because association has no legal existence, 121 A.L.R. 632.    Mandamus against unincorporated association or its officers, 137 A.L.R. 311.    Privilege against self-incrimination as available to member or officer of unincorporated association as regards its books or papers, 152 A.L.R. 1208.   Recovery by member from unincorporated association for injuries inflicted by tort of fellow member, 14 A.L.R.2d 473.   Power and capacity of members of unincorporated association, lodge, society, or club to convey, transfer, or encumber association property, 15 A.L.R.2d 1451.   Suability of individual members of unincorporated association as affected by statute or rule permitting association to be sued as an entity, 92 A.L.R.2d 499.   Liability of member of unincorporated association for tortious acts of association's nonmember agent or employee, 62 A.L.R.3d 1165.