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MEMBERSHIP
LIST By Adrian J. Adams, Esq., Members have the right to inspect
and copy the association's membership list, including members' names, property
addresses, and mailing addresses. The right to inspect is at reasonable times,
upon 5 business days' prior written demand upon the association. Corp. §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 allowed use of the information for purposes
unrelated to his or her interest as a member. Civ. Opt-Out.
Although Corp. Code §8330(c) allows for withholding the list if the association
provides an alternate means of communication, the statute was modified by Civ. Code §1365.2(a)(1)(I) so
that, starting July 1, 2006, boards can no longer withhold the list even if it
provides an alternate means. However, individual owners may opt out of the
sharing of their name and address by notifying the association in writing that
they prefer to be contacted by the alternative process. Corporate Asset. A membership list is a
corporate asset. 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. 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
others. Corp. §8338(a) 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. §8338(b) Adrian J. Adams, Esq., is a Managing Partner of the law firm of Adams & Kessler LLP |
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