The North Carolina Supreme Court, in a decision filed on March 2, 2018, REVERSED the Court of Appeals’ decision discussed below. You can read the Supreme Court’s decision here. As we discussed in our blog post below, which we posted on December 14, 2016, we disagreed with the Court of Appeals’ reasoning, and thankfully the Supreme Court did also. The Supreme Court confirmed the longstanding rule that only members of an association can contest whether the board properly followed its own internal procedures in making the decision to bring a lawsuit – failure to follow the bylaws or other requirements cannot be used by the third-party, non-member defendants to claim that the association did not have standing to bring the lawsuit. Read the article…………….
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