A member of an association has certain rights to inspect and copy various association records. However, the member’s request to inspect association records must be for a proper purpose reasonably related to his or her interest as a member. (Civ. Code § 5230; Corp. Code §§ 8330, 8333; See also Tract No. 7260 Association, Inc. v. Parker (2017).)

Actions for Misuse of Association Records
Where a member sells association records, uses them for a commercial purpose, or uses them for any other purpose not reasonably related to his or her interest as a member, Civil Code Section 5230 allows the association to take legal action against the member for injunctive relief and damages:

“(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 section 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 section or to limit the right of an association to injunctive relief to stop the misuse of this information.” (Civ. Code § 5230(a)-(b).)

Corporations Code Section 8338 also provides an association with a cause of action against a member in connection with the member’s misuse of the association’s membership list.

Misuse of Member’s Personal Information by Association or Manager
An association or its managing agent are prohibited from:

• Selling a member’s personal information for any purpose without the consent of the member; (Civ. Code § 5230(c)(1)(A).)
• Transmitting a member’s personal information to a thirty party without the consent of the member, unless required to do so by law, including but not limited to situations where the transmission of the information must be made in response to a member’s request to inspect association records as defined under Civil Code Section 5200. (Civ. Code § 5230(c)(1)(B).)

If an association violates the above restrictions, a member may bring an action against the association for injunctive relief and actual damages caused by the violation.  If the member’s action is successful, the member is entitled to recover reasonable costs and expenses, including reasonable attorney’s fees. (Civ. Code § 5230(c)(2).)

Recovery of Attorney’s Fees & Costs
Where an association is successful in enforcing its rights under Civil Code Section 5230, the association is “entitled to recover reasonable costs and expenses, including reasonable attorney’s fees.” (Civ. Code § 5230(d).)

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