Proceeds and expenses.

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  • (1) Except as otherwise provided in Subsection (2):
    • (a) 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
    • (b) if the plaintiff in the derivative action receives any proceeds, the plaintiff shall immediately remit them to the association.
  • (2) If a derivative action to enforce a right of a limited cooperative association is successful in whole or in part, the court may award the plaintiff reasonable expenses, including reasonable attorney fees and costs, from the recovery of the association.




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