Except for telephone numbers
and possible email addresses
, members have the right to inspect and copy
the association's membership list (Civ.
) except for those who chose to opt-out
of the membership list. A membership list is defined to include the a member's name, property address, mailing address. (Civ.
. Associations can bill the requesting member for the direct and actual cost of copying the membership list. Associations must first inform the member of the costs before copying the requested documents. (Civ.
Deadline for Producing
. The right to inspect is at reasonable
times, upon five business days' written demand. (Civ.
. 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 will have the burden to prove that the member would have used the information for
purposes unrelated to his interest as a member. (Civ.
. Members do not have the right to demand that the association print the membership list as mailing labels nor do they have the right to demand that delinquent owners be identified on the list. Some associations keep their list in a form that can be used to print mailing labels and the association can but is not required to present the list in that form to an owner.
A membership list is a corporate asset. (Corp.
.) Without the consent of the board a membership list
may not be:
(1) 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.Penalty for Misuse
(2) Used for any purpose which the user does not reasonably and in good faith believe will benefit the corporation.
(3) Used for any commercial purpose or purpose in competition with the corporation.
(4) Sold to or purchased by any person.
. 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.
Petition to Set Aside Request
. If an association believes that a membership list will be used for a purpose not reasonably related to the interests of members, it can petition the superior court for an order setting aside the request. (Corp. Code §8331