§429-6 Liability in contract and tort. (a) A nonprofit association shall be a legal entity separate from its members for the purposes of determining and enforcing rights, duties, and liabilities in contract and tort.
(b) A person shall not be liable for a breach of a nonprofit association's contract merely because the person is a member, 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.
(c) A person shall not be liable for a tortious act or omission for which a nonprofit association is liable merely because the person is a member, 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.
(d) A tortious act or omission of a member or other person for which a nonprofit association is liable shall not be 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.
(e) 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. [L 1999, c 161, pt of §1]
Structure Hawaii Revised Statutes
Title 23A. Other Business Entities
429. Uniform Unincorporated Nonprofit Association Act
429-2 Supplementary general principles of law and equity.
429-3 Territorial application.
429-4 Real and personal property; nonprofit association as legatee, devisee, or beneficiary.
429-5 Statement of authority as to real property.
429-6 Liability in contract and tort.
429-7 Capacity to assert and defend; standing.
429-8 Effect of judgment or order.
429-9 Disposition of personal property of inactive nonprofit association.
429-10 Appointment of agent to receive service of process.