Georgia Statutes
§ 14-3-741 — Standing
Georgia·Title 14
(a)A derivative proceeding may be brought by:
(1)Any director;
(2)Any member or members having 5 percent or more of the voting power; or (3) Fifty or more members, regardless of voting power.
(b)A member may not commence or maintain a derivative proceeding unless the member:
(1)Was a member of the corporation at the time of the act or omission complained of or became a member through transfer by operation of law from one who was a member at that time; and (2) Fairly and adequately represents the interests of the corporation in enforcing the right of the corporation.
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Related
Dunn v. Ceccarelli
489 S.E.2d 563 (Court of Appeals of Georgia, 1997)
Holmes v. Peebles
554 S.E.2d 566 (Court of Appeals of Georgia, 2001)
CASEY MURRAY v. LEXINGTON PARK OF FULTON COUNTY COMMUNITY ASSOCIATION, INC.
(Court of Appeals of Georgia, 2024)
CARLA WILLIS v. WATER'S EDGE HOMEOWNER'S ASSOCIATION, INC.
(Court of Appeals of Georgia, 2023)
North Walhalla Properties, LLC v. Kennestone Gates Condominium Association, Inc.
(Court of Appeals of Georgia, 2021)
Legislative History
Amended by 2024 Ga. Laws 701,§ 6, eff. 7/1/2024. Amended by 2023 Ga. Laws 260,§ 1-1, eff. 7/1/2023.
Nearby Sections
15
§ 14-10-1
Short title§ 14-10-10
Ownership§ 14-10-17
Actions by or against associations§ 14-10-2
Definitions§ 14-10-3
Persons entitled to form association; purpose; limitation to one type of professional service§ 14-10-4
Formation