30-27-107. STATEMENT OF AUTHORITY AS TO REAL PROPERTY. (a) In this section, "statement of authority" means a statement authorizing a person to transfer an interest in real property held in the name of an unincorporated nonprofit association.
(b) An interest in real property held in the name of an unincorporated nonprofit association may be transferred by a person authorized to do so in a statement of authority recorded by the association in the office in the county in which a transfer of the property would be recorded.
(c) A statement of authority must state:
(1) The name of the unincorporated nonprofit association;
(2) The address in this state, including the street address, if any, of the association or, if the association does not have an address in this state, its out-of-state address;
(3) That the association is an unincorporated nonprofit association; and
(4) The name, title, or position of a person authorized to transfer an interest in real property held in the name of the association.
(d) A statement of authority must be executed in the same manner as a deed by a person other than the person authorized in the statement to transfer the interest.
(e) A filing officer may collect a fee for recording a statement of authority in the amount authorized for recording a transfer of real property.
(f) A document amending, revoking, or canceling a statement of authority or stating that the statement is unauthorized or erroneous must meet the requirements for executing and recording an original statement.
(g) Unless canceled earlier, a recorded statement of authority and its most recent amendment expire five (5) years after the date of the most recent recording.
(h) If the record title to real property is in the name of an unincorporated nonprofit association and the statement of authority is recorded in the office of the county in which a transfer of the property would be recorded, the authority of the person named under subsection (c)(4) of this section is conclusive in favor of a person that gives value without notice that the person lacks authority.
History:
[30-27-107, added 2015, ch. 243, sec. 53, p. 898.]
Structure Idaho Code
Chapter 27 - UNINCORPORATED NONPROFIT ASSOCIATIONS
Section 30-27-101 - SHORT TITLE.
Section 30-27-102 - DEFINITIONS.
Section 30-27-103 - RELATION TO OTHER LAWS.
Section 30-27-104 - GOVERNING LAW.
Section 30-27-105 - ENTITY — PERPETUAL EXISTENCE — POWERS.
Section 30-27-106 - OWNERSHIP AND TRANSFER OF PROPERTY.
Section 30-27-107 - STATEMENT OF AUTHORITY AS TO REAL PROPERTY.
Section 30-27-108 - LIABILITY.
Section 30-27-109 - ASSERTION AND DEFENSE OF CLAIMS.
Section 30-27-110 - EFFECT OF JUDGMENT OR ORDER.
Section 30-27-111 - SERVICE OF PROCESS.
Section 30-27-112 - ACTION OR PROCEEDING NOT ABATED BY CHANGE.
Section 30-27-114 - MEMBER NOT AGENT.
Section 30-27-125 - DISTRIBUTIONS PROHIBITED — COMPENSATION AND OTHER PERMITTED PAYMENTS.
Section 30-27-127 - DISSOLUTION.
Section 30-27-128 - WINDING UP AND TERMINATION.
Section 30-27-129 - APPOINTMENT OF REGISTERED AGENT.
Section 30-27-130 - TRANSITION CONCERNING REAL AND PERSONAL PROPERTY.