Home | Directors | Membership | Rules | Bylaws | Principles | Prospectus | FAQ | Contact | Map
_________________________________________________________________________________

 

BYLAWS OF THE EAST KAUAI WATER USERS' COOPERATIVE

A Hawaii Agricultural Cooperative (HRS Chapter 421)

 

TABLE OF CONTENTS

ARTICLE 16. ATTORNEYS' FEES AND EXPENSES OF ENFORCEMENT.


The Corporation shall have the right to collect from a member any and all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of the Corporation for:

A. Collecting any delinquent Member Fees; or

B. Enforcing any provision of the Corporation Documents, including but not limited to, the Water Company Rules, the Articles or these Bylaws.


Any such amounts shall be promptly paid on demand to the Corporation by such Member; provided that if the Corporation is not the prevailing party, all costs and expenses, including reasonable attorneys' fees, incurred by any such Member as a result of the action of the Corporation, shall be promptly paid on demand to the Member by the Corporation. The reasonableness of any attorneys' fees paid by a Member or by the Corporation as a result of an action pursuant to the Corporation Documents shall be determined by the court.


If any member is the prevailing party in any action against the Corporation, any of its officers or directors, or its Board of Directors, to enforce any provision of the Corporation Documents, then all reasonable and necessary expenses, costs, and attorneys' fees incurred by the member shall be awarded to the member; provided that no such award shall be made in any derivative action unless:


A. The member first shall have demanded and allowed reasonable time for the Board of Directors to pursue an enforcement action; or

B. The member demonstrates to the satisfaction of the court that a demand for enforcement made to the Board of Directors would have been fruitless.


If any member is not the prevailing party in any court action against a Corporation, any of its officers or directors, or its Board of Directors, to enforce any provision of the Corporation Documents, then all reasonable and necessary expenses, costs, and attorneys' fees incurred by the Corporation shall be awarded to the Corporation.


Nothing in this Article shall be construed to prohibit the Board of Directors from authorizing the use of a collection agency.

TABLE OF CONTENTS

_________________________________________________________________________________
Home | Directors | Membership | Rules | Bylaws | Principles | Prospectus | FAQ | Contact | Map