Inspection Rights. Except for
telephone numbers, members have the right to inspect and copy
the association's membership list. A membership list is defined to include the a member's name, property address, mailing address.
Civil
Code §1365.2(a)(1)(I). Per
Corp. Code §8330, members are also entitled to know members’ voting rights. Finally, the courts have expanded the membership list to include
email addresses as well.
Deadline for Producing. The right to inspect is at
reasonable times, upon five business days' written demand.
Civil
Code §1365.2(j)(6).
Purpose for
Request. The member requesting the list shall state the purpose for the request, which purpose shall be reasonably related to the requester's interest as a member. If the board reasonably believes that the information in the list will be used for another purpose, it may deny the member access to the list. If the request is denied, in any subsequent action brought by the member the association shall have the burden to prove that the member would have used the information for
purposes unrelated to his or her interest as a member.
Civil
Code §1365.2(a)(1)(I).
Corporate Asset.
A membership list is a corporate asset.
Corp.
Code §8338(a). Without the consent of the board a membership list
may not be:
Used to solicit money or property unless such money or property
will be used solely to solicit the vote of the members in an election to
be held by their corporation.
Used for any
purpose which the user does not reasonably and in good faith believe
will benefit the corporation.
Used for any
commercial purpose or purpose in competition with the corporation.
Sold to others.
Penalty for Misuse. Any person who misuses a membership list is liable for any damage caused by the misuse, including punitive damages for a fraudulent or malicious misuse.
Corp.
Code §8338(b).