(a) The association records, and any information from them, may not be sold, used for a commercial purpose, or used for any other purpose not reasonably related to a member’s interest as a member. An association may bring an action against any person who violates this article for injunctive relief and for actual damages to the association caused by the violation.
(b) This article may not be construed to limit the right of an association to damages for misuse of information obtained from the association records pursuant to this article or to limit the right of an association to injunctive relief to stop the misuse of this information.
(c) An association shall be entitled to recover reasonable costs and expenses, including reasonable attorney’s fees, in a successful action to enforce its rights under this article.
- Corporations Code Section 8338. Misuse of Membership List; Liability.
- Corporations Code Section 8337. Attorney’s Fees in Connection with Action to Inspect Records.
- Corporations Code Section 8333. Records Inspection Rights of Members.
- Civil Code Section 5235. Enforcement of Records Inspection Rights.
- Civil Code Section 5205. Inspection of Association Records.
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.
- 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.
Access to HOA Membership List Must be for a Proper Purpose – Published on HOA Lawyer Blog (April, 2017)