Uniform Unincorporated Nonprofit Association Act

C.R.S. tit. 7, art. 30

in effect

C.R.S. § 7-30-101 Definitions

7-30-101. Definitions. In this article: (1) "Member" means a person who, under the rules or practices of a nonprofit association, may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policy of the nonprofit association or who is considered to be a member by such person and the nonprofit association. (2) "Nonprofit association" means an unincorporated organization consisting of two or more members joined by mutual consent for a common, lawful, nonprofit purpose. However, joint tenancy or tenancy in common does not by itself establish a nonprofit association, even if the co-owners share use of the property for a nonprofit purpose. "Nonprofit association" includes an acequia ditch association, whether or not the acequia ditch association is formed as an acequia ditch association as contemplated by section 7-42-101.5 (3) or is a ditch association operating as an acequia ditch association as contemplated by section 7-42-101.5 (3). (3) and (4) Repealed.

C.R.S. § 7-30-101.1 Suspended, defunct, and dissolved nonprofit corporations

7-30-101.1. Suspended, defunct, and dissolved nonprofit corporations. Any nonprofit corporation other than a nonprofit corporation that is governed by the "Colorado Revised Nonprofit Corporation Act", articles 121 to 137 of this title, that was suspended, declared defunct, administratively dissolved, or dissolved by operation of law, and the business or affairs of which are continued for nonprofit purposes, with or without knowledge of the suspension, declaration, or dissolution, and the business and affairs of which are not wound up, shall be deemed an unincorporated organization that qualifies as a nonprofit association for purposes of sections 7-30-101.2 and 7-30-106, unless such nonprofit corporation is reinstated as provided in part 10 of article 90 of this title.

C.R.S. § 7-30-101.2 Charitable nonprofit corporations - private foundations

7-30-101.2. Charitable nonprofit corporations - private foundations. (1) As used in this section, "charitable purposes" means one or more charitable purposes enumerated in section 501(c)(3) of the federal "Internal Revenue Code of 1986", as amended, hereinafter referred to as "the internal revenue code" and formed exclusively for one or more charitable purposes. (2) In the case of a deemed unincorporated organization, its articles of incorporation shall be presumed to be its principal governing document for the purposes of this section. (3) Except as otherwise provided in its constitution, articles of association, or other principal governing document, the purposes of a charitable nonprofit association and the disposition of its assets upon liquidation shall be limited to charitable purposes. (4) Except as otherwise expressly provided in its constitution, articles of association, or a principal governing document, or otherwise determined by a court of competent jurisdiction, a charitable nonprofit association that is also a private foundation within the meaning of section 509 (a) of the internal revenue code: (a) Shall distribute such amounts for each taxable year at such time and in such manner as not to subject the nonprofit corporation to tax under section 4942 of the internal revenue code; (b) Shall not engage in any act of self-dealing as defined in section 4941(d) of the internal revenue code; (c) Shall not retain any excess business holdings as defined in section 4943(c) of the internal revenue code; (d) Shall not make any investments that would subject the nonprofit association to taxation under section 4944 of the internal revenue code; (e) Shall not make any taxable expenditures as defined in section 4945(d) of the internal revenue code.

C.R.S. § 7-30-102 Supplementary general principles of law and equity

7-30-102. Supplementary general principles of law and equity. Principles of law and equity supplement this article unless displaced by a particular provision of it.

C.R.S. § 7-30-103 Territorial application

7-30-103. Territorial application. Real and personal property in this state may be acquired, held, encumbered, and transferred by a nonprofit association, whether or not the nonprofit association or a member has any other relationship to this state.

C.R.S. § 7-30-104 Real and personal property - nonprofit association as legatee, devisee, or beneficiary

7-30-104. Real and personal property - nonprofit association as legatee, devisee, or beneficiary. (1) A nonprofit association in its name may acquire, hold, encumber, or transfer an estate or interest in real or personal property. (2) A nonprofit association may be a legatee, devisee, or beneficiary of a trust or contract.

C.R.S. § 7-30-105 Statement of authority as to real property

7-30-105. Statement of authority as to real property. (1) A nonprofit association is an entity for purposes of, and may execute and record a statement of authority pursuant to, section 38-30-172, C.R.S. (2) In addition to the matters required or permitted to be contained therein pursuant to section 38-30-172, C.R.S., a statement of authority executed and recorded on behalf of a nonprofit association shall state any limitation that may exist upon the authority of the person named in the statement of authority, or holding the position described in the statement of authority, to execute instruments encumbering, conveying, or otherwise affecting title to the real property on behalf of the nonprofit association.

C.R.S. § 7-30-106 Liability in contract and tort

7-30-106. Liability in contract and tort. (1) A nonprofit association is a legal entity separate from its members for the purposes of determining and enforcing rights, duties, and liabilities in contract and tort. (2) A person is not liable for a breach of a nonprofit association's contract merely because the person is a member of the nonprofit association, is authorized to participate in the management of the affairs of the nonprofit association, or is a person considered to be a member by the nonprofit association. (3) A person is not liable for a tortious act or omission for which a nonprofit association is liable merely because the person is a member of the nonprofit association, is authorized to participate in the management of the affairs of the nonprofit association, or is a person considered to be a member by the nonprofit association. (4) A tortious act or omission of a member or other person for which a nonprofit association is liable is not imputed to a person merely because the person is a member of the nonprofit association, is authorized to participate in the management of the affairs of the nonprofit association, or is a person considered to be a member by the nonprofit association. (5) A member of, or a person considered to be a member by, a nonprofit association may assert a claim against the nonprofit association. A nonprofit association may assert a claim against a member or a person considered to be a member by the nonprofit association.

C.R.S. § 7-30-107 Capacity to assert and defend - standing

7-30-107. Capacity to assert and defend - standing. (1) A nonprofit association, in its name, may institute, defend, intervene, or participate in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution. (2) A nonprofit association may assert a claim in its name on behalf of its members if one or more members of the nonprofit association have standing to assert a claim in their own right, the interests the nonprofit association seeks to protect are germane to its purposes, and neither the claim asserted nor the relief requested requires the participation of a member.

C.R.S. § 7-30-108 Effect of judgment or order

7-30-108. Effect of judgment or order. A judgment or order against a nonprofit association is not by itself a judgment or order against a member or a person considered to be a member by the nonprofit association.

C.R.S. § 7-30-109 Disposition of personal property of inactive nonprofit association

7-30-109. Disposition of personal property of inactive nonprofit association. (1) If a nonprofit association has been inactive for three years or longer, a person in possession or control of personal property of the nonprofit association may transfer the property: (a) If a document of the nonprofit association states a person to whom transfer is to be made under those circumstances, to that person; or (b) If no person is so stated, to a nonprofit association or nonprofit corporation pursuing broadly similar purposes or to a government, governmental subdivision, agency, or instrumentality.

C.R.S. § 7-30-110 Appointment of agent to receive service of process

7-30-110. Appointment of agent to receive service of process. (1) A nonprofit association may deliver to the secretary of state, for filing pursuant to part 3 of article 90 of this title, a statement appointing an agent authorized to receive service of process. If a nonprofit association has such an agent, part 7 of article 90 of this title shall apply as if the agent were a registered agent required to be appointed pursuant to said part. (2) A statement appointing an agent authorized to receive service of process shall state: (a) The true name of the nonprofit association; (b) The principal office address of the principal office of the nonprofit association; (c) The registered agent name and registered agent address of the agent; and (d) A statement that the agent has consented to being so appointed. (3) (Deleted by amendment, L. 2003, p. 2203, § 4, effective July 1, 2004.) (4) to (6) (Deleted by amendment, L. 2002, p. 1810, § 3, effective July 1, 2002; p. 1674, § 1, effective October 1, 2002.)

C.R.S. § 7-30-111 Claim not abated by change of members or officers

7-30-111. Claim not abated by change of members or officers. A claim for relief against a nonprofit association does not abate merely because of a change in its members, persons authorized to manage the affairs of the nonprofit association, or persons considered by the nonprofit association to be members.

C.R.S. § 7-30-112 Venue

7-30-112. Venue. For purposes of venue, a nonprofit association is a resident of a county or city and county in which it has an office.

C.R.S. § 7-30-113 Summons and complaint - service on whom

7-30-113. Summons and complaint - service on whom. In an action or proceeding against a nonprofit association, a summons and complaint must be served on an agent authorized by appointment to receive service of process, an officer, a managing or general agent, or a person authorized to participate in the management of its affairs. If none of them can be served, service may be made on a member who may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policy of the nonprofit association.

C.R.S. § 7-30-114 Uniformity of application and construction

7-30-114. Uniformity of application and construction. This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.

C.R.S. § 7-30-115 Short title

7-30-115. Short title. This article may be cited as the "Uniform Unincorporated Nonprofit Association Act".

C.R.S. § 7-30-116 Severability clause

7-30-116. Severability clause. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect any other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.

C.R.S. § 7-30-117 Effective date

7-30-117. Effective date. This article shall take effect July 1, 1994.

C.R.S. § 7-30-118 Transition concerning real and personal property

7-30-118. Transition concerning real and personal property. If, before July 1, 1994, an estate or interest in real or personal property was purportedly transferred to a nonprofit association, on July 1, 1994, the estate or interest vests in the nonprofit association, unless the parties had treated the transfer as ineffective. No such purported transfer of real property shall impart notice pursuant to section 38-35-109, C.R.S., until the date after July 1, 1994, a deed or other proper instrument conveying such estate or interest in real property is recorded in the office of the clerk and recorder of the county or city and county in which such real property is located.

C.R.S. § 7-30-119 Saving clause

7-30-119. Saving clause. Except to the extent set forth in section 7-30-118, this article does not affect any right accrued before July 1, 1994, or any action or proceeding then pending.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-07.docxFetched: 10/6/2026