A member’s right to inspect and copy various association records includes the inspection and copying of the association’s membership list. (Civ. Code § 5210(b)(6); Corp. Code § 8330.) The membership list would include the “name, property address, mailing address, [and] email address, as collected by the association in accordance with Section 4041” of all members except for those who have opted-out of the membership list pursuant to Civil Code Section 5220. (Civ. Code § 5200(a)(9).)

Purpose for the Request
The member requesting the membership list must state the purpose for the request, which must be reasonably related to his or her interest as a member. (Civ. Code § 5225.) If the board reasonably believes that the list will be used for another purpose, it may deny the member’s request. If the request is denied, in any subsequent action brought by the member pursuant to Civil Code Section 5235 the association will have the burden to prove that the member would have used the list for purposes unrelated to his interest as a member. (Civ. Code § 5225; Tract No. 7260 Association, Inc. v. Parker (2017).)

Liability for Misuse of Membership List
The membership list is a corporate asset of the association. (Corp. Code § 8338(a).)  Pursuant to Corporations Code Section 8338(a), without consent of the board, the 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 or purchased by any person.

Any person who misuses a membership list is liable to the association for any damage caused by the misuse, including punitive damages for fraudulent or malicious misuse of the membership list. (Corp. Code § 8338(b); See also “Misuse of Association Records.”)  Where the association prevails in an action based upon the misuse of the membership list, the association may recover its costs and expenses, including reasonable attorney’s fees. (Corp. Code § 8338(d).)

Petition to Set Aside Request
Where an association believes the membership list will be used for an improper purpose, it may petition the superior court for an order setting aside the demand for the membership list. (Corp. Code § 8331.)

Copying & Mailing Costs
The association may bill the requesting member for the direct and actual costs of copying and mailing the membership list.  The association must inform the member of the amount of the copying and mailing costs, and the member must agree to pay those costs, before the association copies and mails the membership list. (Civ. Code § 5205(f); See also “Fees & Costs for Records.” )

Deadline for Production
The membership list must be provided within the time frame specified in Corporations Code Section 8330 (ten (10) business days). (Civ. Code § 5210(b)(6); See also “Deadlines for Producing Records.”)

Email Addresses
Member email addresses are included within the scope of information contained on an association’s membership list, where such email addresses “were collected by the association in accordance with Section 4041.” (Civ. Code § 5200(a)(9).)  Civil Code Section 4041 addresses the annual notice of owner contact information that each owner is required to submit to the association, and which the association must solicit from all members at least thirty (30) days prior to the distribution of the association’s annual budget report. (Civ. Code § 5200(a)(9).)

Membership List Opt-Out
Any member of the association may opt out of having their contact information included on the association’s membership list by notifying the association in writing of the member’s to be contacted by an alternative process. (Civ. Code § 5220.)

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