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HomeCorporations CodeGENERAL PROVISIONSCh. 6Art. 2§ 18320 Member Expulsion Procedures

§ 18320 Member Expulsion Procedures

Corporations Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 18320 Member Expulsion Procedures

This law says that if kicking out or suspending a member of a non‑religious unincorporated group would affect that member’s money or property, the group must follow a fair and written process.

Key Takeaways

  • •Applies only when the member’s expulsion would affect a big economic interest or property right, and not to religious groups.
  • •Expulsion must be done in good faith and follow a fair, written procedure.
  • •The member must get at least 15 days notice with reasons and a chance to be heard at least 5 days before the expulsion takes effect.
  • •Notice can be mailed using first‑class, certified, or registered mail to the last known address.
  • •The member can challenge the expulsion in court within one year; the court can order relief such as reinstatement.

Example

A community garden that lets members use a plot of land. If a member is expelled, they lose the right to their garden plot, which is valuable property.

The garden must have a rule in its bylaws that explains how to expel someone, must give the member at least 15 days notice with reasons, and must let them speak up at least 5 days before the expulsion takes effect. If the member thinks the process was wrong, they can sue within one year and a court could put them back in.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 18320 Member Expulsion Procedures

(a) This section only applies if membership in an unincorporated association includes a property right or if expulsion or suspension of a member would affect an important, substantial economic interest. This section does not apply to an unincorporated association that has a religious purpose. (b) Expulsion or suspension of a member shall be done in good faith and in a fair and reasonable manner. A procedure that satisfies the requirements of subdivision (c) is fair and reasonable, but a court may also determine that another procedure is fair and reasonable taking into account the full circumstances of the expulsion or suspension. (c) A procedure for expulsion or suspension of a member that satisfies the following requirements is fair and reasonable: (1) The procedure is included in the unincorporated association’s governing documents. (2) The member to be expelled or suspended is given notice, including a statement of the reasons for the expulsion or suspension. The notice shall be delivered at least 15 days before the effective date of the expulsion or suspension. (3) The member to be expelled or suspended is given an opportunity to be heard by the person or body deciding the matter, orally or in writing, not less than five days before the effective date of the expulsion or suspension. (d) A notice pursuant to this section may be delivered by any method reasonably calculated to provide actual notice. A notice delivered by mail shall be sent by first-class, certified, or registered mail to the last address of the member shown on the unincorporated association’s records. (e) A member may commence a proceeding to challenge the expulsion or suspension of the member, including a claim alleging defective notice, within one year after the effective date of the expulsion or suspension. The court may order any relief, including reinstatement, it determines is equitable under the circumstances. A vote of the members or of the board may not be set aside solely because a person was wrongfully excluded from voting by virtue of the challenged expulsion or suspension, unless the court determines that the wrongful expulsion or suspension was in bad faith and for the purpose, and with the effect, of wrongfully excluding the member from the vote or from the meeting at which the vote took place, so as to affect the outcome of the vote. (f) This section governs only the procedure for expulsion or suspension and not the substantive grounds for expulsion or suspension. An expulsion or suspension based on substantive grounds that violate contractual or other rights of the member or are otherwise unlawful is not made valid by compliance with this section. (Added by Stats. 2005, Ch. 116, Sec. 5. Effective January 1, 2006.)

Last verified: January 10, 2026

Key Terms

unincorporated associationproperty rightsubstantial economic interestgood faithfair and reasonable mannerexpulsion or suspension

Related Statutes

  • § 18310 Membership Termination Rules
  • § 18340 Amending Unincorporated Association Documents
  • § 18360 Unincorporated Association Mergers
  • § 18410 Dissolving Unincorporated Associations
  • § 18420 Dissolution Of Unincorporated Associations

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Corporations Code. Section 18320.
View Official Source