Can nonprofit recover fees for fighting derivative suit against corporation?

Can nonprofit recover fees for fighting derivative suit against corporation?

Three members of the board of a nonprofit homeowners’ association in Tennessee, a former director, and two other members of the association filed what they called a “derivative” action in 2018 against the association for the appointment of a receiver to administer the affairs of the organization.  The association moved to dismiss the case on the ground that the relief could be sought only in a “derivative” action brought on behalf of the corporation and that the plaintiffs had not met the requirements for bringing such a suit.

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