California CodesCivil Code - CIVDivision 2 — PropertyPart 2 — Real or Immovable Property [755 – 945.5]Title 2 — Estates in Real PropertyChapter 5 — Housing Cooperatives and Housing Cooperative TrustsSection 817.4
(a) In any action instituted on or after January 1, 2010, against a board of directors and its members based upon a breach of corporate or fiduciary duties or a failure to comply with the requirements of this chapter, a prevailing plaintiff may recover reasonable attorney’s fees and costs.
(b) If an organization formed under this chapter uses public funds, it shall not use any corporate funds to avoid compliance with this chapter or to pursue dissolution if the intent or outcome is for some or all of the members to receive any payment in excess of the transfer value to which he or she is entitled pursuant to subdivision (b) of Section 817.
Notes
Allows a prevailing plaintiff in an action filed on or after January 1, 2010 against a board and its members for specified duty breaches or chapter violations to recover reasonable attorney’s fees and costs. An organization using public funds may not use corporate funds to evade the chapter or pursue dissolution producing above-transfer-value member payments.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 817.4 | https://laws.lexinter.net/codes/california/civil-code/division-2/part-2/title-2/chapter-5/section-817-4