Ex Parte Caribe Resort Condominium Association Board of Directors Petition for Writ of Mandamus: (in Re: Robert…

Summary

The Supreme Court of Alabama granted in part and denied in part a petition for a writ of mandamus seeking dismissal of derivative claims against the Caribe Resort Condominium Association board. The Court held that Alabama law does not generally permit derivative actions by members of nonprofit corporations, but permits representative suits under §10A-3-2.44 for ultra vires conduct, so claims against the Wireman companies were dismissed while claims against the board remain pending.