Section § 5200

Explanation

This law section defines what counts as “association records,” which include various financial documents like balance sheets, income statements, and tax returns, as well as meeting minutes, member lists, and governing documents. The section also outlines what consists of “enhanced association records,” such as invoices and bank statements, and specifies what “association election materials” are, like ballots and voter lists. It clarifies that these records must follow specific accounting methods and provides guidelines on how some materials should be stored and accessed.

For the purposes of this article, the following definitions shall apply:
(a)CA Civil Law Code § 5200(a) “Association records” means all of the following:
(1)CA Civil Law Code § 5200(a)(1) Any financial document required to be provided to a member in Article 7 (commencing with Section 5300) or in Sections 5565 and 5810.
(2)CA Civil Law Code § 5200(a)(2) Any financial document or statement required to be provided in Article 2 (commencing with Section 4525) of Chapter 4.
(3)CA Civil Law Code § 5200(a)(3) Interim financial statements, periodic or as compiled, containing any of the following:
(A)CA Civil Law Code § 5200(a)(3)(A) Balance sheet.
(B)CA Civil Law Code § 5200(a)(3)(B) Income and expense statement.
(C)CA Civil Law Code § 5200(a)(3)(C) Budget comparison.
(D)CA Civil Law Code § 5200(a)(3)(D) General ledger. A “general ledger” is a report that shows all transactions that occurred in an association account over a specified period of time.
The records described in this paragraph shall be prepared in accordance with an accrual or modified accrual basis of accounting.
(4)CA Civil Law Code § 5200(4) Executed contracts not otherwise privileged under law.
(5)CA Civil Law Code § 5200(5) Written board approval of vendor or contractor proposals or invoices.
(6)CA Civil Law Code § 5200(6) State and federal tax returns.
(7)CA Civil Law Code § 5200(7) Reserve account balances and records of payments made from reserve accounts.
(8)CA Civil Law Code § 5200(8) Agendas and minutes of meetings of the members, the board, and any committees appointed by the board pursuant to Section 7212 of the Corporations Code; excluding, however, minutes and other information from executive sessions of the board as described in Article 2 (commencing with Section 4900).
(9)CA Civil Law Code § 5200(9) Membership lists, including name, property address, mailing address, email address, as collected by the association in accordance with Section 4041 where applicable, but not including information for members who have opted out pursuant to Section 5220.
(10)CA Civil Law Code § 5200(10) Check registers.
(11)CA Civil Law Code § 5200(11) The governing documents.
(12)CA Civil Law Code § 5200(12) An accounting prepared pursuant to subdivision (b) of Section 5520.
(13)CA Civil Law Code § 5200(13) An “enhanced association record” as defined in subdivision (b).
(14)CA Civil Law Code § 5200(14) “Association election materials” as defined in subdivision (c).
(b)CA Civil Law Code § 5200(b) “Enhanced association records” means invoices, receipts, and canceled checks for payments made by the association, purchase orders approved by the association, bank account statements for bank accounts in which assessments are deposited or withdrawn, credit card statements for credit cards issued in the name of the association, statements for services rendered, and reimbursement requests submitted to the association.
(c)CA Civil Law Code § 5200(c) “Association election materials” means returned ballots, signed voter envelopes, the voter list of names, parcel numbers, and voters to whom ballots were to be sent, proxies, the candidate registration list, and the tally sheet of votes cast by electronic secret ballot. Signed voter envelopes may be inspected but may not be copied. An association shall maintain association election materials for one year after the date of the election.

Section § 5205

Explanation

This law requires associations to make their records available for members to inspect and copy. Members can have someone else do this for them if they appoint that person in writing. If there's no office in the community, the association and member must agree on a place to do this. If they can't agree, the association must mail the documents, with the member paying for any copying and mailing costs upfront. The association can charge up to $10 per hour (max $200) for redacting sensitive info from enhanced records. Members can choose to receive documents electronically, and any electronic copies must be unchangeable.

(a)CA Civil Law Code § 5205(a) The association shall make available association records for the time periods and within the timeframes provided in Section 5210 for inspection and copying by a member of the association, or the member’s designated representative.
(b)CA Civil Law Code § 5205(b) A member of the association may designate another person to inspect and copy the specified association records on the member’s behalf. The member shall make this designation in writing.
(c)CA Civil Law Code § 5205(c) The association shall make the specified association records available for inspection and copying in the association’s business office within the common interest development.
(d)CA Civil Law Code § 5205(d) If the association does not have a business office within the development, the association shall make the specified association records available for inspection and copying at a place agreed to by the requesting member and the association.
(e)CA Civil Law Code § 5205(e) If the association and the requesting member cannot agree upon a place for inspection and copying pursuant to subdivision (d) or if the requesting member submits a written request directly to the association for copies of specifically identified records, the association may satisfy the requirement to make the association records available for inspection and copying by delivering copies of the specifically identified records to the member by individual delivery pursuant to Section 4040 within the timeframes set forth in subdivision (b) of Section 5210.
(f)CA Civil Law Code § 5205(f) The association may bill the requesting member for the direct and actual cost of copying and mailing requested documents. The association shall inform the member of the amount of the copying and mailing costs, and the member shall agree to pay those costs, before copying and sending the requested documents.
(g)CA Civil Law Code § 5205(g) In addition to the direct and actual costs of copying and mailing, the association may bill the requesting 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. If the enhanced association record includes a reimbursement request, the person submitting the reimbursement request shall be solely responsible for removing all personal identification information from the request. The association shall inform the member of the estimated costs, and the member shall agree to pay those costs, before retrieving the requested documents.
(h)CA Civil Law Code § 5205(h) 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. The association may deliver specifically identified records by electronic transmission or machine-readable storage media as long as those records can be transmitted in a redacted format that prevents the records from being altered.

Section § 5210

Explanation

This law states that members of an association have the right to inspect various records of the association within specific time periods. They can inspect the current and past two fiscal years' records, while minutes from member and board meetings are always available for inspection. When a member requests records, recent records should be accessible within 10 business days, while older records have up to 30 days. Special rules apply for certain records and minutes from decision-making committees. No liability is placed on associations for not keeping records created before January 1, 2006, according to these rules.

(a)CA Civil Law Code § 5210(a) Association records are subject to member inspection for the following time periods:
(1)CA Civil Law Code § 5210(a)(1) For the current fiscal year and for each of the previous two fiscal years.
(2)CA Civil Law Code § 5210(a)(2) Notwithstanding paragraph (1), minutes of member and board meetings are subject to inspection permanently. If a committee has decisionmaking authority, minutes of the meetings of that committee shall be made available commencing January 1, 2007, and shall thereafter be permanently subject to inspection.
(b)CA Civil Law Code § 5210(b) When a member properly requests access to association records, access to the requested records shall be granted within the following time periods:
(1)CA Civil Law Code § 5210(b)(1) Association records prepared during the current fiscal year, within 10 business days following the association’s receipt of the request.
(2)CA Civil Law Code § 5210(b)(2) Association records prepared during the previous two fiscal years, within 30 calendar days following the association’s receipt of the request.
(3)CA Civil Law Code § 5210(b)(3) Any record or statement available pursuant to Article 2 (commencing with Section 4525) of Chapter 4, Article 7 (commencing with Section 5300), Section 5565, or Section 5810, within the timeframe specified therein.
(4)CA Civil Law Code § 5210(b)(4) Minutes of member and board meetings, within the timeframe specified in subdivision (a) of Section 4950.
(5)CA Civil Law Code § 5210(b)(5) Minutes of meetings of committees with decisionmaking authority for meetings commencing on or after January 1, 2007, within 15 calendar days following approval.
(6)CA Civil Law Code § 5210(b)(6) Membership list, within the timeframe specified in Section 8330 of the Corporations Code.
(c)CA Civil Law Code § 5210(c) There shall be no liability pursuant to this article for an association that fails to retain records for the periods specified in subdivision (a) that were created prior to January 1, 2006.

Section § 5215

Explanation

This law explains when an association can withhold or hide information from its records. They can do this if sharing the information might lead to identity theft, fraud, break privacy laws, or if the information is legally protected, like attorney-client communications. They also can't share other sensitive details like financial records, disciplinary actions, or personal data. However, they must share information about employee pay, but without personal details like names or social security numbers. If they deny information, they must explain why in writing. The law also protects the association and its members from being sued for privacy breaches unless there's intentional or careless wrongdoing.

(a)CA Civil Law Code § 5215(a) Except as provided in subdivision (b), the association may withhold or redact information from the association records if any of the following are true:
(1)CA Civil Law Code § 5215(a)(1) The release of the information is reasonably likely to lead to identity theft. For the purposes of this section, “identity theft” means the unauthorized use of another person’s personal identifying information to obtain credit, goods, services, money, or property. Examples of information that may be withheld or redacted pursuant to this paragraph include bank account numbers of members or vendors, social security or tax identification numbers, and check, stock, and credit card numbers.
(2)CA Civil Law Code § 5215(a)(2) The release of the information is reasonably likely to lead to fraud in connection with the association.
(3)CA Civil Law Code § 5215(a)(3) The information is privileged under law. Examples include documents subject to attorney-client privilege or relating to litigation in which the association is or may become involved, and confidential settlement agreements.
(4)CA Civil Law Code § 5215(a)(4) The release of the information is reasonably likely to compromise the privacy of an individual member of the association.
(5)CA Civil Law Code § 5215(a)(5) The information contains any of the following:
(A)CA Civil Law Code § 5215(a)(5)(A) Records of goods or services provided a la carte to individual members of the association for which the association received monetary consideration other than assessments.
(B)CA Civil Law Code § 5215(a)(5)(B) Records of disciplinary actions, collection activities, or payment plans of members other than the member requesting the records.
(C)CA Civil Law Code § 5215(a)(5)(C) Any person’s personal identification information, including, without limitation, social security number, tax identification number, driver’s license number, credit card account numbers, bank account number, and bank routing number.
(D)CA Civil Law Code § 5215(a)(5)(D) Minutes and other information from executive sessions of the board as described in Article 2 (commencing with Section 4900), except for executed contracts not otherwise privileged. Privileged contracts shall not include contracts for maintenance, management, or legal services.
(E)CA Civil Law Code § 5215(a)(5)(E) Personnel records other than the payroll records required to be provided under subdivision (b).
(F)CA Civil Law Code § 5215(a)(5)(F) Interior architectural plans, including security features, for individual homes.
(b)CA Civil Law Code § 5215(b) Except as provided by the attorney-client privilege, the association may not withhold or redact information concerning the compensation paid to employees, vendors, or contractors. Compensation information for individual employees shall be set forth by job classification or title, not by the employee’s name, social security number, or other personal information.
(c)CA Civil Law Code § 5215(c) 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 section unless the failure to withhold or redact the information was intentional, willful, or negligent.
(d)CA Civil Law Code § 5215(d) If requested by the requesting member, an association that denies or redacts records shall provide a written explanation specifying the legal basis for withholding or redacting the requested records.

Section § 5216

Explanation

This law requires any association, like a homeowners' association, to protect the address and identity of members who are part of the Safe at Home program. This program is designed to keep addresses confidential for safety reasons. Associations must use a substitute address provided by the Secretary of State for all communications and must not disclose any identifying information such as name, property address, or email. They also have to ensure this information is not accessible on community lists or directories and must keep the member's participation in the program confidential.

(a)CA Civil Law Code § 5216(a) Notwithstanding any other law, upon request of a member of an association who is an active participant in the Safe at Home program, the association shall do both of the following:
(1)CA Civil Law Code § 5216(a)(1) Accept and use the address designated by the Secretary of State as the Safe at Home participant’s substitute address under the Safe at Home program for all association communications.
(2)CA Civil Law Code § 5216(a)(2) Withhold or redact information that would reveal the name, community property address, or email address of the Safe at Home participant from both of the following:
(A)CA Civil Law Code § 5216(a)(2)(A) All resident community membership lists, including mailbox bank listings, resident directories, electronic keypads, unit property numbers, and internet web portal accounts.
(B)CA Civil Law Code § 5216(a)(2)(B) Any membership list that will be shared with other members of the association.
(b)CA Civil Law Code § 5216(b) An association shall keep member participation in the Safe at Home program confidential.
(c)CA Civil Law Code § 5216(c) For purposes of this section:
(1)CA Civil Law Code § 5216(c)(1) “Community property address” means the address of the member’s property within the community governed by the association.
(2)CA Civil Law Code § 5216(c)(2) “Safe at Home participant” means a person certified as a program participant in the Safe at Home program.
(3)CA Civil Law Code § 5216(c)(3) “Safe at Home program” means the address confidentiality program established pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.

Section § 5220

Explanation

If you're part of an association, you can choose not to share your contact details like your name, property address, email, and mailing address. To do this, you must notify the association in writing that you'd prefer them to contact you in a different way as described in another specific section of the Corporations Code. This choice remains until you decide to change it.

A member of the association may opt out of the sharing of that member’s name, property address, email address, and mailing address by notifying the association in writing that the member prefers to be contacted via the alternative process described in subdivision (c) of Section 8330 of the Corporations Code. This opt-out shall remain in effect until changed by the member.

Section § 5225

Explanation

If you're a member of an association and you want the membership list, you must explain why you need it, and your reason must be linked to your rights or interests as a member. If the association thinks you'll use the list for something else, they can refuse your request. But, if they do, and you take legal action, the association must prove you would have used the list for unrelated purposes.

A member requesting the membership list shall state the purpose for which the list is requested which purpose shall be reasonably related to the requester’s interest as a member. If the association reasonably believes that the information in the list will be used for another purpose, it may deny the member access to the list. If the request is denied, in any subsequent action brought by the member under Section 5235, the association shall have the burden to prove that the member would have allowed use of the information for purposes unrelated to the member’s interest as a member.

Section § 5230

Explanation

This law says that records from an association, like a homeowners' association, can't be sold or used for business purposes if it's not related to a member's interest. If someone breaks this rule, the association can sue for damages or to stop the wrongful acts. Also, associations can’t sell or share a member's personal information without their consent unless required by law. Members can sue if their info is misused, and they can get their legal fees covered if they win. Similarly, associations can recover their costs if they enforce these rules successfully in court.

(a)CA Civil Law Code § 5230(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 article for injunctive relief and for actual damages to the association caused by the violation.
(b)CA Civil Law Code § 5230(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 article or to limit the right of an association to injunctive relief to stop the misuse of this information.
(c)Copy CA Civil Law Code § 5230(c)
(1)Copy CA Civil Law Code § 5230(c)(1) An association or its managing agent shall not do either of the following:
(A)CA Civil Law Code § 5230(c)(1)(A) Sell a member’s personal information for any purpose without the consent of the member.
(B)CA Civil Law Code § 5230(c)(1)(B) Transmit a member’s personal information to a third party without the consent of the member unless required to do so by law, including, but not limited to, Article 5 (commencing with Section 5200).
(2)CA Civil Law Code § 5230(c)(2) A member may bring an action against an association that violates this subdivision for injunctive relief and actual damages caused by the violation. A member shall be entitled to recover reasonable costs and expenses, including reasonable attorney’s fees, in a successful action to enforce the member’s rights under this subdivision.
(d)CA Civil Law Code § 5230(d) An association shall be entitled to recover reasonable costs and expenses, including reasonable attorney’s fees, in a successful action to enforce its rights under this article.

Section § 5235

Explanation

If you belong to a group or association and they won't let you see or copy their records unfairly, you can take them to court. If the court agrees with you, they can make the association pay your legal fees and might fine them up to $500 for each time they refused your request. You can even take this issue to small claims court if the amount you're asking for fits within that court's limits. However, if the association wins the case because your complaint is found to be frivolous or unreasonable, they can make you pay for their legal costs.

(a)CA Civil Law Code § 5235(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)CA Civil Law Code § 5235(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)CA Civil Law Code § 5235(c) A prevailing association may recover any costs if the court finds the action to be frivolous, unreasonable, or without foundation.

Section § 5240

Explanation

This law section outlines the rules for members of associations and their rights to access records. It overrides certain parts of the Corporations Code if there's a conflict. Members can see financial and membership records unless overridden by another part. It also applies to related organizations or nonprofits providing services to the community. However, it doesn't apply to new developments where a majority of directors are tied to the developers, but it does kick in 10 years after the first sale to the public.

(a)CA Civil Law Code § 5240(a) As applied to an association and its members, the provisions of this article are intended to supersede the provisions of Sections 8330 and 8333 of the Corporations Code to the extent those sections are inconsistent.
(b)CA Civil Law Code § 5240(b) Except as provided in subdivision (a), members of the association shall have access to association records, including accounting books and records and membership lists, in accordance with Article 3 (commencing with Section 8330) of Chapter 13 of Part 3 of Division 2 of Title 1 of the Corporations Code.
(c)CA Civil Law Code § 5240(c) This article applies to any community service organization or similar entity that is related to the association, and to any nonprofit entity that provides services to a common interest development under a declaration of trust. This article shall operate to give a member of the organization or entity a right to inspect and copy the records of that organization or entity equivalent to that granted to association members by this article.
(d)CA Civil Law Code § 5240(d) This article shall not apply to any common interest development in which separate interests are being offered for sale by a subdivider under the authority of a public report issued by the Bureau of Real Estate so long as the subdivider or all subdividers offering those separate interests for sale, or any employees of those subdividers or any other person who receives direct or indirect compensation from any of those subdividers, comprise a majority of the directors. Notwithstanding the foregoing, this article shall apply to that common interest development no later than 10 years after the close of escrow for the first sale of a separate interest to a member of the general public pursuant to the public report issued for the first phase of the development.