Although Corporations Code §8338(c)
allows for withholding the entire membership list if the association provides an alternate means of communication, the statute was modified by the Davis-Stirling Act so that homeowner associations can no longer withhold the list. However, members retain the right to individually opt-out of the list.
A member of the association may opt out of the sharing of his or her name, property address, and mailing address by notifying the association in writing that he or she prefers to be contacted via the alternative process described in subdivision (c) of Section 8330 of the Corporations Code. This opt-out shall remain in effect until changed by the member. (Civ. Code §5220).Alternative Method for Contact
. Opting out does not mean owners are immune from contact by other members. The statute that allows opting out also provides that the association must provide an alternative means for contacting members. (Civ. Code §5220.
) Following are two options for handling communications with members who opt-out of the membership list:
- HOA Applies Labels. Members who want to mail a letter to opted-out members can deliver to the association their letter in sealed envelopes with postage already applied. The association (or its management company) then applies mailing labels to the envelopes and drops them in the mail.
- Mailing House. A complete mailing list of all members (including opt-out members) could be provided by the association to an independent printer/mailer. A member who wants to mail a letter to all other members takes it to the company, which then applies mailing labels and mails it to everyone. Or, in the alternative, prints the letter, puts it in envelopes, applies mailing labels and postage, and drops it in the mail. It depends on the level of service offered by the company.
Associations needing legal assistance can contact us
To stay current with issues affecting community associations, subscribe to the