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(Code 1981, §14-3-1604, enacted by Ga. L. 1991, p. 465, § 1.)
- Pursuant to Code Section 28-9-5, in 1991, "of" was inserted preceding "Code Section" in subsection (a).
- For article, "2008 Annual Review of Case Law Development," see 14 (No. 6) Ga. St. B. J. 28 (2009).
- Proceedings violated a nonprofit corporation's due process rights when the court signed an order allowing a member of the corporation access to corporate records without giving the corporation a reasonable opportunity to prepare and present defenses to the demand for inspection. Westbury Square Townhouses Ass'n v. Bryan, 223 Ga. App. 885, 479 S.E.2d 190 (1996).
- Under O.C.G.A. § 14-3-1604(c), plaintiff's recovery is limited to those fees and expenses incurred to obtain the relief sought; it is not a blanket provision to obtain all fees. Park Ridge Condo. Ass'n, Inc. v. Callais, 290 Ga. App. 875, 660 S.E.2d 736 (2008).
After trial court ordered condominium association to allow a member to inspect and copy records, it was error to award the member all attorney fees and expenses under O.C.G.A. § 14-3-1604(c); member was entitled only to those expenses and fees directly incurred in obtaining the order allowing the member to inspect and copy the records. Park Ridge Condo. Ass'n, Inc. v. Callais, 290 Ga. App. 875, 660 S.E.2d 736 (2008).
- In ruling on an application pursuant to O.C.G.A. § 14-3-1604 to inspect and copy the books of a nonprofit corporation, the trial court has much discretion to determine whether the purpose named is a proper one and its findings with respect to whether an applicant has shown a proper purpose must stand unless it is clearly erroneous. Parker v. Clary Lakes Rec. Ass'n, 243 Ga. App. 681, 534 S.E.2d 154 (2000).
- Trial court properly dismissed the tobacco farmers' claim for an equitable accounting of a tobacco cooperative because it was undisputed that that the tobacco cooperative was a foreign corporation organized under North Carolina law and, therefore, the trial court lacked the authority to order an inspection of the tobacco cooperative's records. Rigby v. Flue-Cured Tobacco Coop. Stabilization Corp., 327 Ga. App. 29, 755 S.E.2d 915 (2014).
No results found for Georgia Code 14-3-1604.