§432:1-203  Actions or proceedings. (a)  An action or special proceeding may be maintained, by the president ortreasurer of the society, to recover any property, or upon any cause of action,for or upon which all the associates may maintain an action or specialproceeding, by reason of their interest or ownership therein, either jointly orin common.  An action may likewise be maintained by the president or treasurerto recover from one or more members of the society such member's or members'proportionate share of any moneys lawfully expended by the society for thebenefit of the associates, or to enforce any lawful claim of the societyagainst its member or members.

(b)  An action or special proceeding may bemaintained, against the president or treasurer of the society, to recover anyproperty, or upon any cause of action, for or upon which the plaintiff maymaintain an action or special proceeding, against all the associates, by reasonof their interest or ownership, or claim of ownership therein, either jointlyor in common, or their liability therefor, either jointly or severally, and anyorder, decree, judgment, or other ruling in any such case shall be binding uponthe society and the members thereof.

(c)  The death or legal incapacity of a memberof the society shall not affect an action or special proceeding, brought asprescribed in subsections (a) and (b).  If the officer, by or against whom itis brought, dies, is removed, resigns, or becomes otherwise incapacitated,during the pendency thereof, the court shall make an order, directing it to becontinued by or against such officer's successor in office, or any otherofficer, by or against whom it might have been originally commenced.

(d)  In such an action, the officer againstwhom it is brought cannot be arrested; and a judgment against such officershall not authorize an execution to be issued against the officer's property,or the officer's person; nor shall the docketing thereof bind the officer'sreal property or personal property.  Where the judgment is for a sum of money,an execution issued thereupon shall require the levying officer to satisfy thejudgment out of any personal or real property belonging to the society, orowned, jointly or in common, by all the members thereof.

(e)  Where an action has been brought againstan officer, or a counterclaim has been made, in an action brought by anofficer, as prescribed in this section, another action, for the same cause,shall not be brought against the members of the society, or any of them, untilafter final judgment in the first action, and the return, wholly or partlyunsatisfied or unexecuted, of an execution issued thereupon.  After the return,the party in whose favor the execution was issued, may maintain an action, asfollows:

(1)  Where such party was the plaintiff, or adefendant recovering upon a counterclaim, such party may maintain an actionagainst the members of the society, or, in a proper case, against any of them,as if the first action had not been brought, or the counterclaim had not beenmade, as the case requires; and such party may recover, as part of such party'sdamages, the costs of the first action, or so much thereof, as the sum,collected by virtue of the execution, was insufficient to satisfy; and

(2)  Where such party was a defendant, and the case isnot within paragraph (1), such party may maintain an action, to recover the sumremaining uncollected, against the persons who composed the society, when theaction against such party was commenced, or the survivors of them.

(f)  This section shall not affect the right ofthe person, in whose favor the judgment in the first action was rendered, toenforce a bond or undertaking, given in the course of the proceedings therein.

(g)  This section shall not prevent an actionfrom being brought by or against all the members of a society, except asprescribed in this section.  Where an action is brought against the members ofthe society, as prescribed in this section, the time between the commencementof the action by or against the officer, and the return of the first executionissued upon the final judgment rendered therein, shall not be a part of thetime limited by law, for the commencement of the second action. [L 1987, c 347,pt of §2; am L 2004, c 122, §85]