05. Proceeds and expenses. (a) Except as otherwise provided in subsection (b) of this section: (1) Any proceeds or other benefits of a derivative action to enforce a right of a limited cooperative association, whether by judgment, compromise, or settlement, belong to the association and not to the plaintiff; and (2) If the plaintiff in the derivative action receives any proceeds, the plaintiff shall immediately remit them to the association. (b) If a derivative action to enforce a right of a limited cooperative association is successful in whole or in part, the Superior Court may award the plaintiff reasonable expenses, including reasonable attorneys’ fees and costs, from the recovery of the association. (July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720.) Editor's Notes Uniform Law: This section is based on § 1305 of the Uniform Limited Cooperative Association Act.
District of Columbia Legal Code