§414D-89  Termination, expulsion, and
suspension.  (a)  No member may be expelled or suspended, and no membership
or memberships in such corporations may be terminated or suspended except
pursuant to a procedure that is fair and reasonable, and is carried out in good
faith.



(b)  A procedure shall be fair and reasonable
when either:



(1)  The articles or bylaws set forth a procedure that
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.



(c)  Any written notice given by mail shall be
sent to the last known address of the member shown on the corporation's
records.



(d)  Any proceeding challenging an expulsion,
suspension, or termination, including a proceeding in which defective notice is
alleged, shall commence within one year after the effective date of the
expulsion, suspension, or termination.



(e)  A member who has been expelled or
suspended may be liable to the corporation for dues, assessments, or fees as a
result of obligations incurred or commitments made prior to the expulsion or
suspension.



(f)  If the expulsion or termination of membership
is the result of a judicial or nonjudicial foreclosure proceeding, no other
proceeding may be brought to challenge the expulsion or termination and in no
event shall this provision give rise to any right of redemption. [L 2001, c
105, pt of §1; am L 2002, c 130, §43]



 



Case Notes



 



  Where church was not a hierarchical church, but a
congregational church that made decisions by a vote of its members as set forth
in its "petition for charter" of incorporation and by-laws, the
church was governed by this chapter; thus, appellants should have been allowed
to amend their complaint, had standing to contest their expulsion, and were not
precluded from doing so by the ecclesiastical abstention doctrine; also,
doctrine did not bar appellants' complaint to the extent it did not require
resolution of controversies over church doctrine, law, or polity.  118 H. 165
(App.), 185 P.3d 913.