MEMBER'S RIGHT TO INSPECT
AND COPY RECORDS

Right to Inspect & Copy. Subject to time limitations, members of an association have the right to inspect and copy the association's books and records. Civil Code §1363(f), Civil Code §1365.2, Corp. Code §8311, Corp. Code §8330, Corp. Code §8333

Copying Costs. Associations may charge for the cost of copying the requested documents and redacting sensitive information.

Proper Purpose. A member's request to inspect records must be for a proper purpose reasonably related to his or her interests as a member of the association. Civil Code §1365.2(e), Corp. Code §8330, Corp. Code §8333 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. Associations may bring actions against persons who violate this section for injunctive relief and damages. Civil Code §1365.2(e)

Right to Designate Agent. Members may designate another person, agent or attorney to inspect records. The member shall make the designation in writing. Civil Code §1365.2(b)(2), Corp. Code §8311

Inspection Location. Records must be made available at the association's onsite business office or, if there is none, at a mutually agreed upon location. If the parties cannot agree on a location or if the member submits a request for copies of specifically identified records, the association may copy the documents and mail them to the member. Civil Code §1365.2(c)

Electronic Form. Requesting parties shall have the option of receiving specifically identified records by electronic transmission or machine-readable storage media as long as those records can be transmitted in a redacted format that does not allow the records to be altered. The cost of duplication shall be limited to the direct cost of producing the copy of a record in that electronic format. Civil Code §1365.2(h)

Small Claims Enforcement. Members may bring an action in small claims court to enforce their 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. Civil Code §1365.2(f)

See records subject to inspection records not subject to inspection.

Updated by ADAMS KESSLER 8/11/2008