Requesting Membership Lists in CA

I would like to request the membership list of an HOA in California. Specifically, I am anticipating that with the passage of SB323, the email address of all owners who have provided the HOA an email address will be included in the membership list. I would like this in a .pdf file. The purpose of the request is to communicate with the membership.

Are there any specific statement you would mention or avoid in this request. My objective is to receive the email addresses of recorded owners at no cost to me so I can communicate with the membership.

In my request, I would reference the California statute on records inspections and membership lists. See https://www.davis-stirling.com/HOME/Membership-Lists
and
https://www.davis-stirling.com/HOME/Membership-Emails

Start the request with something like, "Pursuant to California statute _____, I request the membership list with contact information and those email addresses allowed under the law."

You're an Owner of record of said CA HO, right, NB? Right., SB323 is very controversial in this regard, but it became effective on 1/1/20. Many Owners n my HOA have opted out of having the email addy on the membership list.

Request a copy of the new membership list of the HOA that includes owners email addresses. Your request must be for a reason that relates to the Association and not to your commercial or other interests that you might want to promote. I think you just write, "... to communicate with my fellow owners about our Association," should be OK. I think the HOA has 10 days to comply.

For details, visit davis-stirling.com a site compiled by a CA HOA legal firm. Go to Index, Records Inspection, and scroll to what interests you. I do believe the HOA can charge you but can't imagine it'd be much since they'd just send you a copy of their list via email.

Please disregard Melissa's comments, they are incorrect for CA.

I will defer to you on that. I only read the new law referring to emails but made an assumption on the request and we all know the old adage about assumptions.

Do you have a membership in that HOA?

There is NO FOIA (Freedom of Information Act) involved here.

If you are a member, you MUST state intent or purpose.

But first, someone can send a notice to all members the opportunity to opt-out prior to the request of your request, again IF you are a member.

Simply, as previously stated, to communicate with the membership.

And ...

Jeez ... this is getting childishly entertaining, also!

The HOA can only charge for copies, not for the time it takes to email me a .PDF file. Same when I request meeting minutes in a .PDF file. What's the difference between an unsolicited first class letter and an unsolicited email?

Civil Code 52059(f) and (g)

(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) 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.

There is nothing to redact in a membership list, hence no cost!

Legally, they can't deny the request. It is protected by statute.

That clearly says that the HOA can charge you for this... I am so confused.

You don't want to do the work but you want others to. You must really have a lot of members just shake their heads yes I agree with you and walking away...

"for the time
actually and reasonably involved in redacting an enhanced association
record."

This is not an enhanced record. There are also no copying costs. It's just a .PDF or spreadsheet file, much like Board Meeting minutes.

So when several members have sent me first class letters, they obviously obtained the membership list via the HOA. How do I know this? My street address in my mailing address on record with the HOA is slightly mis-spelled and the HOA is the only corporation that has it this way, so I know that the previous people who have sent me first class letters obtained the list via the HOA, because sure enough the letters arrived with a printed label with the mis-spelled street address.

This HOA has a professional manager who is well paid. That is who I will be requesting the records from. In this HOA, all communication to the Board has to go the manager.

That doesn't prove anything. My street sign was misspelled. One place I lived there were 3 different names listed for my road. If you looked up my name and my neighbor's addresses in the phone book we'd have 3 different road names. Public information on the web isn't correct. So I can't say they got the information from the HOA. Other resources feed off this bad information and surely post it wrong on the "interwebs".

Heck I use a fake name and get email/mail for that name all the time.

The MC is an employee of the HOA. Your requesting your information from the HOA. It is NOT the MC's responsibility. It is the HOA's. HOA's are typically non-profit and run by VOLUNTEERS ONLY. The MC is a PAID contractor whom the HOA pays to assist them running the HOA's business. So the MC should be going to the HOA and requesting the information. Their secretary is responsible if you read your rules...

You were not a member of the HOA and received a check from them. So what did that make you?

A highly paid contractor, but never an employee.

And the letters sent to you were for what?

Don't be shocked if your request is "respectfully" denied.

So what happens if it's a violation? What is the punishment? How do you know the other people did not pay for the list? Just because I have a list doesn't mean did not pay for it. Plus what do expect to do with this list? Email everyone? Are you going to be their hero now? Let everyone know stuff they didn't know before and reveal "secrets"? Are you going to pick and choose whom gets the emails? You going to make sure the HOA board members don't or their "friends"?

Seems you want to manipulate and control things by being passive/aggressive. Why not just stand up and do the actual work? It's not behind backs and hitting "enter". You can't do the work of driving by a house (NO KNOCING ON DOORS) to get addresses of members. You can release some kind manifesto like the mad bomber to everyone's inbox... Good job... Wish you could be my "hero" and rescue me from some crooked board/neighbors...

Something that I haven't seen come up with requests of this sort, and the requirement that the HOA provide this info:

Anyone who owns a URL (for example: HappyValleyHOA.org) needs to be aware of the penalties for spamming people. One of those penalties is the loss of your URL, and the last time I looked it was three strikes you're out, no recourse.

I understand CA law on this, but if I were on the board of the HOA and we received a similar request, I would be concerned that we could possibly be penalized as a result of the actions of the person making the request.

We also have enough sticklers for privacy in my community that we'd get a lot of push back if they felt that their email address was used for something they felt didn't merit the disclosure - so I agree 100% that the HOA should notify residents at least once a year about the legal requirement to provide this info so that they can opt out. Otherwise the HOA may be held accountable for something that benefits only the person asking for contact info.

Below is the rules for obtaining a membership list in an HOA. While Civil Code §5220 is what was updated, Corporation Code §8330 is still the qualifier.

I am assuming NpB is getting pushback from the association. If he were to make a request so they can communicate with residents, I would tell a Board to deny and they would because their lawyer said to do do. In addition, Corporation Code §8331 is a procedure to petition to set aside a request for the membership list.

Corporations Code §8330. Membership List.

(a) Subject to Sections 8331 and 8332, and unless the corporation provides a reasonable alternative pursuant to subdivision (c), a member may do either or both of the following as permitted by subdivision (b):

(1) Inspect and copy the record of all the members' names, addresses and voting rights, at reasonable times, upon five business days' prior written demand upon the corporation which demand shall state the purpose for which the inspection rights are requested; or

(2) Obtain from the secretary of the corporation, upon written demand and tender of a reasonable charge, a list of the names, addresses and voting rights of those members entitled to vote for the election of directors, as of the most recent record date for which it has been compiled or as of a date specified by the member subsequent to the date of demand. The demand shall state the purpose for which the list is requested. The membership list shall be made available on or before the later of ten business days after the demand is received or after the date specified therein as the date as of which the list is to be compiled.
(b) The rights set forth in subdivision (a) may be exercised by:

(1) Any member, for a purpose reasonably related to such person's interest as a member. Where the corporation reasonably believes that the information will be used for another purpose, or where it provides a reasonable alternative pursuant to subdivision (c), it may deny the member access to the list. In any subsequent action brought by the member under Section 8336, the court shall enforce the rights set forth in subdivision (a) unless the corporation proves that the member will allow use of the information for purposes unrelated to the person's interest as a member or that the alternative method offered reasonably achieves the proper purpose set forth in the demand.

(2) The authorized number of members for a purpose reasonably related to the members' interest as members.
(c) The corporation may, within ten business days after receiving a demand under subdivision (a), deliver to the person or persons making the demand a written offer of an alternative method of achieving the purpose identified in said demand without providing access to or a copy of the membership list. An alternative method which reasonably and in a timely manner accomplishes the proper purpose set forth in a demand made under subdivision (a) shall be deemed a reasonable alternative, unless within a reasonable time after acceptance of the offer the corporation fails to do those things which it offered to do. Any rejection of the offer shall be in writing and shall indicate the reasons the alternative proposed by the corporation does not meet the proper purpose of the demand made pursuant to subdivision (a).

Depends on my mood for the day!