Subject to
time limitations, members have the right to inspect and copy the association's
books and records. This includes
electronic records. However,
not all records are subject to inspection. Further, a
request for information is not the same as a request for records.
Finally, members' inspection rights cannot be limited by contract or by the association's articles or bylaws.
Corp. Code §8313.
Copying and Redacting Costs. Associations may charge for the
cost of copying the requested documents and
redacting sensitive information.
Proper Purpose. A member's request to inspect records must be for a proper purpose reasonably related to his or her interests as a member of the association.
Civil Code §1365.2(e),
Corp. Code §8330,
Corp. Code §8333. The records
belong to the association and any
misuse of records by a member may subject the member to legal action for injunctive relief and damages.
Right to Designate Agent. Members may designate another person, agent or attorney to inspect records. The member shall make the designation in writing.
Civil Code §1365.2(b)(2), Corp. Code §8311.
Deadlines for Production. The association must produce records within
time frames established by the Davis-Stirling Act. If the association refuses to produce records which members have a right to review, the requesting member can
go into court for an order that records be produced.
Inspection Location. Records must be made available at the association's onsite business office or, if there is none, at a mutually agreed upon location. If the parties cannot agree on a location or if the member submits a request for copies of specifically identified records, the association may copy the documents and mail them to the member.
Civil Code §1365.2(c).