§ 9-2-24.Action by unincorporated association
Chapter 2. Actions Generally · Article 2. Parties · Last amended 1959 · Last verified July 17, 2026
Full Text of § 9-2-24
Plain-English Summary
Not every organization bothers to incorporate. Neighborhood associations, informal clubs, and volunteer groups often operate for years without filing incorporation papers, which used to raise an awkward question: could a group like that sue in its own name, or did every member have to be named individually?
This section answers that question with a short, direct rule: an action may be maintained by and in the name of any unincorporated organization or association. The group sues as itself, the way a corporation would, without forcing each member onto the caption as a separate plaintiff.
That saves real trouble in practice. A homeowners’ group or a civic club with dozens or hundreds of members doesn’t have to round up every one of them to sign onto a complaint; the association can pursue the claim in its own name instead.
Frequently Asked Questions
Can a club or association that never incorporated file a lawsuit?
Yes. The section lets an action be maintained by and in the name of any unincorporated organization or association.
Do all the individual members of an unincorporated group have to be named as plaintiffs?
No. The group can sue in its own name under this section, without naming each member individually.
Does this section apply to every kind of unincorporated group?
The text refers broadly to “any unincorporated organization or association,” without limiting itself to a particular type of group.
Is incorporation required before a group can sue in Georgia?
Not under this section — it allows unincorporated organizations and associations to sue in their own name without incorporating first.
Does this section also let someone sue an unincorporated association, not just sue on its behalf?
This section addresses actions brought by an association; the companion provision covering actions against an unincorporated association is a separate Code section.
Amendment History
Ga. L. 1959, p. 44, § 1.