§634-30  Organizations and associations, service of process on; judgment.  When two or more persons associate and act, whether for profit or not, under a common name, including associating and acting as a labor organization or employer organization, whether the common name comprises the names of the persons or not, they may sue in or be sued by the common name, and the process shall be served on any officer, trustee, or agent of the association if an officer, trustee, or agent can be found, or if no officer, trustee, or agent can be found as shown by the return of the serving officer, then upon any one or more members of the association, or as otherwise provided by rule of court.  Any such service constitutes service upon the association.  The judgment in those cases shall accrue to the joint or common benefit of and bind the joint or common property of the association, the same as though all members had been named as parties to the action.  No judgment shall be enforceable against any person or  the person's individual assets unless the:

     (1)  Person has been joined and served as an individual party to the action; or

     (2)  Judgment is so enforceable pursuant to section 634-3 or any other law. [L Sp 1949, c 4, §1; RL 1955, §230-39; HRS §634-66; am L 1972, c 89, §2A(j); ren HRS §634-30; am L 2016, c 55, §27]

Rules of Court

  Actions relating to unincorporated associations, see HRCP rule 23.2.

  Execution, see HRCP rule 69.

  Service, see HRCP rule 4.

Case Notes

  Mentioned with respect to validity of personal judgment against creditors and stockholders of a corporation.  59 H. 189, 579 P.2d 99 (1978).