03. Pleading. In a derivative action to enforce a right of a limited cooperative association, the complaint shall state: (1) The date and content of the plaintiff’s demand under § 29-1013.01(1) and the association’s response; (2) If 90 days have not expired since the demand, how irreparable harm to the association would result by waiting for the expiration of 90 days; (3) If the association agreed to bring an action demanded, that the action has not been brought within a reasonable time; and (4) If the demand should be excused as futile, the reasons therefor. (July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720; Mar. 5, 2013, D.C. Law 19-210, § 2(j)(9)(B), 59 DCR 13171.) Effect of Amendments The 2013 amendment by D.C. Law 19-210 added (4) and made related changes. Editor's Notes Uniform Law: This section is based on § 1303 of the Uniform Limited Cooperative Association Act. Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012.
District of Columbia Legal Code