Chapter 4 - § 4.19 • UNINCORPORATED ASSOCIATIONS

• Jurisdiction: Colorado

§ 4.19 • UNINCORPORATED ASSOCIATIONS

§ 4.19.1—In General

Power to Acquire and Hold Real Property

Generally, a conveyance to an unincorporated association, club, or society, which has no partnership or corporate existence, is void.³⁰⁹ By a statute effective March 14, 1877, domestic and foreign religious, educational, charitable, and literary associations operating in Colorado may take by gift, devise, or purchase, and hold and convey real and personal property. Gifts, devises, and grants made prior to March 14, 1877 were ratified.³¹⁰ In 1893, the power to take and hold real property was given by statute to "[a]ny odd fellows or masonic lodge or other like benevolent and fraternal society duly chartered by its grand body."³¹¹

Power to Convey Real Property

At common law, an unincorporated association could convey property only by a deed signed by all of the individual members of the organization.³¹² In 1893, the power to convey real property was given by statute to "[a]ny odd fellows or masonic lodge or other like benevolent and fraternal society duly chartered by its grand body" to be exercised by "the presiding officer of such body, together with the secretary thereof . . . when authorized by said body, under such regulations as the said society or its grand body may see fit to make."³¹³

§ 4.19.2—Unincorporated Nonprofit Associations

Power to Acquire and Hold Real Property

A nonprofit association is an unincorporated organization consisting of two or more members joined by mutual consent for a common, lawful, nonprofit purpose. 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.³¹⁴ A nonprofit association may acquire and hold an estate or interest in real or personal property in its name,³¹⁵ and may be a legatee, devisee, or beneficiary of a trust or contract.³¹⁶

If, before July 1, 1994, an estate or interest in real or personal property was purportedly transferred to a nonprofit association, then on July 1, 1994, the estate or interest vested in the nonprofit association, unless the parties had treated the transfer as ineffective. The purported transfer of real property does not impart notice under the recording statute until the date after July 1, 1994 that a deed or other proper instrument conveying the estate or interest in real property is recorded in the office of the clerk and recorder.³¹⁷

Power to Convey Real Property

A nonprofit...