This section applies to an action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties. The action may be maintained only if it appears that those parties will fairly and adequately protect the interests of the association and its members. In conducting the action, the court may issue any appropriate orders corresponding with those described in subsection (d) of K.S.A. 60-223, and amendments thereto, and the procedure for settlement, voluntary dismissal or compromise must correspond with the procedure in subsection (e) of K.S.A. 60-223, and amendments thereto.
K.S.A. 60-223b.Actions relating to unincorporated associations
Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-223b lets a suit be brought by or against the members of an unincorporated association through named representative parties, applying the same case-management and settlement-approval procedures that govern class actions under K.S.A. 60-223.
Full Text of K.S.A. 60-223b
Amendment History
Order of Supreme Court dated July 17, 1969; L. 2010, ch. 135, § 92; July 1.
Plain-English Summary
An unincorporated association — one without corporate status — can still be sued, or sue, as a group through a small set of members acting as representatives. K.S.A. 60-223b permits that arrangement only if it appears the named representatives will adequately protect the interests of the association and its members, echoing the adequacy requirement that runs through both the class-action and derivative-action statutes.
Rather than build out its own procedural machinery, this section borrows directly from K.S.A. 60-223. Case management follows the orders described in subsection (d) of that statute, and any settlement, voluntary dismissal, or compromise has to follow the same approval procedure set out in subsection (e) — meaning court approval, notice to the association and its members, and the other safeguards that apply to a certified class action.
The practical effect is to give unincorporated associations, which often lack a single legal identity a plaintiff could sue directly, a workable path through the same representative-litigation framework Kansas built for class and derivative suits.
Frequently Asked Questions
What type of entity does K.S.A. 60-223b cover?
An unincorporated association sued or suing as a class, represented by certain of its members acting as representative parties.
What has to be true before this type of suit can proceed?
It must appear that the representative parties will adequately protect the interests of the association and its members.
How is a suit under this section managed once it's filed?
The court may issue orders corresponding to those described in subsection (d) of K.S.A. 60-223, the same case-management provisions used in class actions.
Can the parties settle a suit brought under this section on their own?
No. Settlement, voluntary dismissal, or compromise must follow the procedure in subsection (e) of K.S.A. 60-223, which requires court approval and notice to affected members.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
Also known as: kansas unincorporated association lawsuitsuing an unincorporated association kansas60-223b representative partiesassociation member class action kansas