A voluntary unincorporated association may sue and be sued in its own name, and may complain and defend in all actions. For the purposes of this Code, "voluntary unincorporated association" means any organization of 2 or more individuals formed for a common purpose, excluding a partnership or corporation.
2-209.1.Actions by and against voluntary associations.
Article II. Civil Practice · Part 2. Process · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a voluntary unincorporated association, defined as two or more people organized for a common purpose other than a partnership or corporation, sue and be sued, complain, and defend in its own name.
Full Text of 735 ILCS 5/2-209.1
Plain-English Summary
This section gives a voluntary unincorporated association the ability to appear in litigation under its own name. It may sue and be sued, and may complain and defend, in that name.
The section also supplies the governing definition for this Code: a "voluntary unincorporated association" is any organization of two or more individuals formed for a common purpose, excluding a partnership or a corporation.
Frequently Asked Questions
Can a voluntary unincorporated association be a plaintiff or defendant in its own name?
Yes. The section says it may sue and be sued, and may complain and defend, in its own name.
How does this Code define "voluntary unincorporated association"?
Any organization of two or more individuals formed for a common purpose, excluding a partnership or corporation.
Does a partnership count as a voluntary unincorporated association under this definition?
No. The definition expressly excludes partnerships.
Does a corporation count as a voluntary unincorporated association?
No. The definition excludes corporations as well.
How does this section connect to serving such an association with process?
By establishing that the association can be sued in its own name, which is what makes the service methods in Section 2-205.1 applicable to it.
Amendment History
(Source: P.A. 84-1043.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: voluntary unincorporated association Illinoiscan an association sue or be sued in Illinoisdefinition of unincorporated association Illinoisassociation suing in its own name