Attorney
In California, homeowners and members of homeowners associations (HOAs) have specific rights to inspect and copy association records. These rights are established under various sections of the California Civil Code and the California Corporations Code.
Under California Civil Code Section 5205, association records must be made available for inspection and copying by any member or their designated representative. The records should be accessible at the association’s business office or another agreed-upon location within the common interest development. If no agreement is reached, the association can deliver copies of the records to the member. Cal. Civ. Code §5205.
However, like many things in life, the inspection of records comes at a cost. The association may charge for the direct and actual costs of copying and mailing the documents, and for the time involved in redacting certain information, up to specified limits (an amount not in excess of ten dollars ($10) per hour, and not to exceed two hundred dollars ($200) total per written request). Cal. Civ. Code §5205(g).
What Records Can Be Inspected?
Members have the right to inspect records for the current fiscal year and the previous two fiscal years. Cal. Civ. Code §5210(a)(1). Minutes of member and board meetings are permanently subject to inspection. Cal. Civ. Code §5210(a)(2).
Members also have the right to inspect and copy membership lists so long as a written demand is made upon the association to do so. Cal Corp Code § 8330. Membership lists are records maintained by the association which include names, property addresses, mailing addresses, and email addresses of members that have not opted out of providing such information. Cal. Civ. Code §5200(a)(9). Once the written demand to inspect the membership list has been made, the association then has five business days to make the membership list available for inspection and copying. Cal Corp. Code § 8330.
However, certain information may be withheld or redacted by the association. This includes information likely to lead to identity theft or fraud, privileged information, and records that compromise individual privacy. Cal. Civ. Code §5215. Rather than providing a requesting member a copy of the membership list, Corporations Code Section 8330(c) allows the association to provide the requesting member an alternative method of contacting other members. Additionally, the use of association records for commercial purposes or any purpose not related to a member’s interest is prohibited. Cal. Civ. Code §5230.
What If The Association Withholds Access To Records?
If an association unreasonably withholds access to records, the member can bring an action to enforce their rights. Courts may award reasonable costs and expenses, including reasonable attorney’s fees to the member, and may impose a civil penalty of up to $500 for each denied request. Cal. Civ. Code §5235(a).
Conclusion
In summary, California law provides robust rights for homeowners to inspect and copy HOA records, with specific provisions to ensure transparency while protecting sensitive information. These rights are enforceable through legal action if necessary, ensuring that members can access the information they need while maintaining privacy and security.