A member may maintain a derivative action to enforce a right of a limited cooperative association if:

(1)  the member demands that the association bring an action to enforce the right; and

(2)  any of the following occur:

(a)  the association does not, not later than 90 days after the member makes the demand, agree to bring the action;

(b)  the association notifies the member that it has rejected the demand;

(c)  irreparable harm to the association would result by waiting 90 days after the member makes the demand; or

(d)  the association agrees to bring an action demanded and fails to bring the action within a reasonable time.

Enacted by Chapter 363, 2008 General Session