(a) A nonprofit association is 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 may 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 may 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 as 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 may 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 as 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.
Structure West Virginia Code
Chapter 36. Estates and Property
Article 11. Uniform Unincorporated Nonprofit Association Act
§36-11-2. Supplementary General Principles of Law and Equity
§36-11-3. Territorial Application
§36-11-4. Real and Personal Property; Nonprofit Association as Legatee, Devisee or Beneficiary
§36-11-5. Statement of Authority as to Real Property
§36-11-6. Liability in Tort and Contract
§36-11-7. Capacity to Assert and Defend; Standing
§36-11-8. Effect of Judgment or Order
§36-11-9. Disposition of Personal Property of Inactive Nonprofit Association
§36-11-10. Appointment of Agent to Receive Service of Process
§36-11-11. Claim Not Abated by Change of Members or Officers
§36-11-13. Summons and Complaint; Service on Whom
§36-11-14. Uniformity of Application and Construction