RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
This was just posted in a newletter put out by an attorney's web site I subscribe to: This, at this time, apply to California
MEMBER RIGHTS
TO E-MAIL LIST
The Court of Appeals recently decided a non-HOA case which will likely affect homeowner associations. The issue was the interpretation of a member's “address” in Corp. Code §8330(a). Until now, a member's address was his postal mailing address. The Court expanded the definition to include e-mail addresses for purposes of inspection and copying of membership lists. Worldmark v. Wyndham Resort.
HOA Membership Lists. HOAs are governed by a similar provision in Civil Code §1365.2(a)(1)(I)(1) which allows members to inspect and copy "Membership lists, including name, property address, and mailing address." Based on the court's broad interpretation of "address," we could expect a similar decision involving HOA mailing addresses. That means when a member requests a copy of the association's membership list, any e-mail addresses kept by the association should be included, except for those members who opt out.
Opt Out Rights. Because of e-mail overload, many owners do not want their e-mail addresses distributed to their neighbors. Fortunately, the Davis-Stirling Act allows owners to opt out of the sharing of such information:
A member of the association may opt out of the sharing of his or her name, property address, and mailing address by notifying the association in writing that he or she 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. Civil Code §1365.2(a)(1)(I)(2)(iii).
RECOMMENDATION: Unless associations wish to litigate the matter, boards should assume the court's ruling applies to HOAs. Accordingly, except for those owners who opt out, associations should disclose e-mail addresses to members who properly request a copy of the membership list. To avoid problems associated with the release of e-mail addresses, boards should have legal counsel prepare an opt-out form and circulate it to all owners.
MEMBER RIGHTS
TO E-MAIL LIST
The Court of Appeals recently decided a non-HOA case which will likely affect homeowner associations. The issue was the interpretation of a member's “address” in Corp. Code §8330(a). Until now, a member's address was his postal mailing address. The Court expanded the definition to include e-mail addresses for purposes of inspection and copying of membership lists. Worldmark v. Wyndham Resort.
HOA Membership Lists. HOAs are governed by a similar provision in Civil Code §1365.2(a)(1)(I)(1) which allows members to inspect and copy "Membership lists, including name, property address, and mailing address." Based on the court's broad interpretation of "address," we could expect a similar decision involving HOA mailing addresses. That means when a member requests a copy of the association's membership list, any e-mail addresses kept by the association should be included, except for those members who opt out.
Opt Out Rights. Because of e-mail overload, many owners do not want their e-mail addresses distributed to their neighbors. Fortunately, the Davis-Stirling Act allows owners to opt out of the sharing of such information:
A member of the association may opt out of the sharing of his or her name, property address, and mailing address by notifying the association in writing that he or she 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. Civil Code §1365.2(a)(1)(I)(2)(iii).
RECOMMENDATION: Unless associations wish to litigate the matter, boards should assume the court's ruling applies to HOAs. Accordingly, except for those owners who opt out, associations should disclose e-mail addresses to members who properly request a copy of the membership list. To avoid problems associated with the release of e-mail addresses, boards should have legal counsel prepare an opt-out form and circulate it to all owners.