MEMBERSHIP LIST

Members have the right to inspect and copy the association's membership list, including members' names, property addresses, and mailing addresses (not phone numbers and not e-mail addresses). The right to inspect is at reasonable times, upon 5 business days' written demand. Corp. Code §8330(a)

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)

Opt Out. Although Corp. Code §8338(c) allows for withholding the membership list if the association provides an alternate means of communication, the statute was modified by the Davis-Stirling Act so that boards can no longer withhold the list. However, members retain the right to individually opt out of the sharing of their names and addresses by notifying the association in writing that they wish to be contacted by an alternative means. Civil Code §1365.2(a)(1)(I)(iii)

See sample "opt out" membership list.

Updated by ADAMS KESSLER 5/12/2008