A member’s right to inspect and copy various association records is not absolute and may be limited by the year the requested record was prepared as well as the contents of the requested record.

General Time Limitations: Current and Previous Two (2) Fiscal Years
An association is only required to produce records for its current fiscal year and for its two (2) previous fiscal years. (Civ. Code § 5210(a)(1); See also “Deadlines for Producing Records.”) However, minutes of member meetings, board meetings, and meetings of committees with decision-making authority must be made permanently available for inspection. (Civ. Code § 5210(a)(2).)

Records Which may be Withheld or Redacted
The following includes records which are not subject to inspection and/or which may be withheld or redacted pursuant to Civil Code Section 5215:

• Information which, if released, is reasonably likely to lead to (1) identity theft (i.e., bank account numbers of members or vendors, social security or tax id numbers, credit card numbers, etc.), (2) fraud in connection with the association, or (3) compromising the privacy of an individual member of the association. (Civ. Code § 5215(a)(1),(2),(4); Civ. Code § 5215(a)(5)(c); See also Chantiles v. Lake Forest II Master HOA (1995) 37 Cal.App.4th 914.)
• Association employee information (i.e., name, social security number, or other personal information), except for employee compensation information to be set forth by job classification or title. (Civ. Code § 5215(b).)
• Information which is privileged under law (i.e., documents subject to attorney-client privilege, documents relating to litigation in which the association is or may become involved, confidential settlement agreements, etc.). (Civ. Code § 5215(a)(3); See also Smith v. Laguna Sur Villas Community Assn. (2000) 79 Cal.App.4th 639.)
• Records of goods or services provided a la carte to individual members for which the association received monetary consideration other than assessments. (Civ. Code § 5215(a)(5)(A).)
• Records of disciplinary actions, collection activities, or payment plans of members other than the member requesting the records. (Civ. Code § 5215(a)(5)(B).)
• Executive session minutes and other information from executive sessions of the board (i.e., board packets). (Civ. Code § 5215(a)(5)(D).)
• Proposed contracts (i.e., not executed contracts). (Civ. Code § 5215(a)(5)(D).)
• Interior architectural plans, including security features, for individual homes. (Civ. Code § 5215(a)(5)(F).)

Written Explanation for Withholding or Redacting Records
An association that denies or redacts records must, if so requested by the requesting member, “provide a written explanation specifying the legal basis for withholding or redacting the requested records.” (Civ. Code § 5215(d).)

Costs of Redacting Records
Where any record requested by a member will need to be redacted before being produced, the association may charge the member “an amount not in excess of ten dollars ($10) per hour, and not to exceed two hundred dollars ($200) total per written request, for the time actually and reasonably involved in redacting an enhanced association record.” (Civ. Code § 5205(g).) The association is required to inform the member of the estimated redacting costs, and the member is required to agree to pay those costs, before redacting the records and providing them to the member. (Civ. Code § 5205(g); See also “Member Record Inspection Rights” and “Fees & Costs for Records.”)

Limitation of Liability
“No association, officer, director, employee, agent or volunteer of an association shall be liable for damages to a member of the association or any third party as the result of identity theft or other breach of privacy because of the failure to withhold or redact that member’s information under this subdivision unless the failure to withhold or redact the information was intentional, willful, or negligent.” (Civ. Code § 5215(c).)

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