(a) A member may bring an action to enforce that member’s right to inspect and copy the association records. If a court finds that the association unreasonably withheld access to the association records, the court shall award the member reasonable costs and expenses, including reasonable attorney’s fees, and may assess a civil penalty of up to five hundred dollars ($500) for the denial of each separate written request.
(b) A cause of action under this section may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court.
(c) A prevailing association may recover any costs if the court finds the action to be frivolous, unreasonable, or without foundation.
Related Topics
Related Statutes
- Corporations Code Section 8333. Records Inspection Rights of Members.
- Civil Code Section 5230. Misuse of Association Records.
- Civil Code Section 5210. Time Periods for Production of Association Records.
- Civil Code Section 5205. Inspection of Association Records.
- Civil Code Section 5200. “Association Records” and “Enhanced Association Records” Defined.
Related Case Law
- Fowler v. Golden Pacific Bancorp, Inc.
(2022) 80 Cal.App.5th 205
[Director Inspection Rights; Limited in Extreme Cases; A director’s absolute record inspection rights may be limited only in extreme cases where inspection would produce an absurd result.
- 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.
Related Links
Access to HOA Membership List Must be for a Proper Purpose – Published on HOA Lawyer Blog (April, 2017)