Haddan v. The Coves Master Association, Inc.

Citations

• 2025 OK CIV APP 12

Syllabus

¶1 Three members of the Coves Master Association, Inc. appeal the dismissal of their petition in this derivative litigation. 1 Prior to filing this case, the Plaintiffs were required to and did make demand on the Association's Board of Directors to file the litigation they wanted the Board to pursue. However, their demand was inadequate in many respects and their Petition included more claims than listed in their demand. In addition, the Plaintiffs' Petition fails to state a direct claim against the Association's directors. Finally, although the Plaintiffs have sued various directors of the Association, the Plaintiffs propose through this litigation to overturn decisions by a majority of the Association's members rather than actions by the Board of Directors. For these reasons, the Plaintiffs' Petition was properly dismissed. However, on remand, the Plaintiffs shall be granted leave to file an amended petition consistent with this Opinion if they properly renew their request to do so with the district court.