A member requesting the membership list shall state the purpose for which the list is requested which purpose shall be reasonably related to the requester’s interest as a member. If the association 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 under Section 5235, the association shall have the burden to prove that the member would have allowed use of the information for purposes unrelated to the member’s interest as a member.
- Corporations Code Section 8338. Misuse of Membership List; Liability.
- Corporations Code Section 8330. Inspection of Membership List.
- Civil Code Section 5220. Membership List Opt Out.
- Civil Code Section 5205. Inspection of Association Records.
- Civil Code Section 5200. “Association Records” and “Enhanced Association Records” Defined.
Related Case Law
- Tract No. 7260 Association, Inc. v. Parker
(2017) 10 Cal.App.5th 24
[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.
- 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.
Access to HOA Membership List Must be for a Proper Purpose – Published on HOA Lawyer Blog (April, 2017)