Case Law: Association Records

  • Berryman v. Merit Property Management, Inc.
    (2007) 152 Cal.App.4th 1544
    [Association Records; Transfer Document Fees] An association’s managing agent is permitted to earn a profit on the fees it charges for providing property transfer documents.
  • Chantiles v. Lake Forest II Master Homeowners Association
    (1995) 37 Cal.App.4th 914
    [Director Inspection Rights; Privacy] A director’s record inspection rights may be limited by the association’s duty to protect the privacy rights of its members in their voting decisions.
  • Havlicek v. Coast-to-Coast Analytic Services, Inc.
    (1995) 39 Cal.App.4th 1844
    A director’s rights to inspect corporate records may be denied where the corporation believes such rights will be used to commit a tort against the corporation.
  • Smith v. Laguna Sur Villas Community Association
    (2000) 79 Cal.App.4th 639
    [Association Records; Attorney-Client Privilege] A HOA, the corporate entity, is entitled to claim attorney-client privilege for communications between the HOA and its attorneys. The HOA’s members are not the holders of the privilege; rather, the HOA’s Board of Directors is the holder of the privilege.
  • Tract No. 7260 Association, Inc. v. Parker
    (2017) Cal. App. LEXIS 265 *
    [Membership List; Inspection Denial] A homeowners association (HOA) may restrict a member’s request for access to the HOA’s membership list when the request is for an improper purpose.
  • Tritek Telecom, Inc. v. Superior Court
    (2009) 169 Cal.App.4th 1385
    A director’s right to inspect corporate records does not include the right to access attorney-client privileged information that was generated in defense of a suit filed by the director against the corporation.
  • Wolf v. CDS Devco
    (2010) 185 Cal.App.4th 903
    A director loses his/her broader record-inspection rights upon loss of status as a director.
  • Worldmark v. Wyndham Resort Dev. Corp.
    (2010) 187 Cal.App.4th 1017
    [Membership List; Email Addresses] The “addresses” of members which must be disclosed with a member’s request to inspect the membership list pursuant to Corp. Code § 8330(a) includes the members’ email addresses.