Membership list question

We are in Monterey Ca. The HOA has the gym closed due to the pandemic and also the two pools we have becuz the cost to follow the state requirements is too cost prohibitive and the liability of contracting this virus isn't covered by our HOA insurance. So we have two HOA members that have been trespassing in the facilities. The two guys post pictures of doing this and have refused to leave when our security guard had asked them too. The police were almost called in one incident but both men left. One of the guys had conversations with other HOA members saying that it is their right to use the pool because the governor now allowed for pools to open and to just go ahead and use the pool but just take wipes and lysol to disinfect and follow the guidelines. This same men now want a copy of the membership list to talk to other HOA members to reopen the pool and the gym. How do we know that these two men won't be selling their propaganda of telling other HOA members just to go ahead and use the pool and gym as long as they take their own wipes and disinfectants regardless that the Board voted to keep the pool and gym close due to the pandemic. Will this put the HOA at risk if they do use the facilities and something happens? Can the Board deny giving these two men the membership list?

Not lawfully, no. And now should a board seek to quiet voices that have a different point of view as their own. (Said different point of view here being, "The pool et cetera should be open.") The Board can address any lies in its own newsletters. The Board can also have the HOA attorney send anyone who sends out legally defamatory statements a warning letter. Davis-stirling.com addresses what records a HOA must lawfully provide to members, and among them is membership lists.

Augie is right, Sasha, concerning CA.

But I'm wondering why these two aren't being fined for violating your HOA's rules? You do have the ability to fine, right? And you do have a schedule of fines, right?

In addition, your CC&Rs might give the Board the power to withhold other amenities (if you have others worth withholding).

Our pool is accessed by fob, which we deactivate if we withhold pool use from violators. You also can stop heating the pool, if you haven't already, which might help. (I lived in Santa Cruz all on the Monterey Bay for many years and the evenings there & in Monterey are chilly as are many days.)

Sasha

The BOD has made its decision and needs to stick to it even when some disagree. I say do three things:

1. Give them the mail list.
2. Commence fining them for breaking the R&R's.
3. Prepare and mail a letter to owners explaining the BOD's decision and reasons for keeping the pool closed. The primary reason is for everyone's health but also the association cannot afford the cost that the government requirements to be open without a special assessment or a dues increase. Maybe even cite some costs. In the letter do not make any specific reference to "complainers" as you do not want to make it like they have good cause. Ignore them.

If the whole issue dies, as I expect it will, then there may well be no need to even send the letter, but be prepared to send it.

Thanks everyone for replies. Our MC did send out a letter of noncompliance for the trespassing which was reported with a picture sent in by a homeowner to the MC. As Mark states, that would be the first step becuz of due process.

Kerry, we did turn off our pool heaters. Yes it is very chilly here in Monterey, even in the summer season.

John, we had already sent out notices to the homeowners explaining to them what the HOA would need to purchase in order to follow the required guidelines and also hire extra services like janitorial and security guard to monitor. We decided the cost of doing so was prohibitive in addition to covid-19 chose to keep the pools and gym closed. It died down but these two keep on and on about how it wouldn't cost that much and how it is illegal that we still have the pools closed after the governor allowed for pools to reopen. They are also telling other homeowners that we don't need a guard and homeowners can volunteer to monitor and that the HOA can open the pools for free. In the meanwhile they have encouraged other homeowners who want to go use any of the pools to just do it becuz it is their right just to take lysol wipes with them to follow the guidelines. We have a fob system but it does not show any homeowner entering it becuz we deactivated it. These two men most likely have jumped the gate to get in. Another homeowner reported that they are leaving it open for others to sneak in. We do have pictures of the gate being prop open sent in by someone to the MC but we cannot prove it was these two men who opened it.

What we are trying to avoid is opening their network of homeowners for them to now email them with this propaganda. How can improper purpose be justified in a case where a denial of membership list would be legal to do?

You can't stop their "network" from talking with each other, no matter what they're talking about. Stop trying to demand that they justify themselves to you so that your arbitrary standard of a "proper purpose" is met. You don't get to restrict the membership list in an arbitrary and capricious manner because they're not following your "proper purpose".

I would agree that the members flagrantly violating your pool closing need to be dealt with, and I think it's up to you to figure out a way to do it legally. I think your totalitarian impulse to deny their right to the membership list is not a good look. It's ugly.

I think the only part of the above that might be false is the part claiming keeping the pools closed is illegal. Since a judge has not ruled on whether the covenants trump Covid, I cannot say that what these two HOA members claim is false. In my opinion the two members would be protected by "qualified privilege" should the board or the HOA attorney threaten the two people with a defamation suit.

The davis-stirling.com site quotes several statute sections on the subject of reviewing records, including membership lists. The purpose has to be "reasonably related to such person's interests as a member," from Corporations Code 8333 and similar in other statute sections. There is some non-statutory chatter saying this means "proper purpose." See:

https://www.davis-stirling.com/HOME/Right-to-Inspect-Records

https://www.davis-stirling.com/HOME/Statutes/Civil-Code-5230#axzz2CR2ljirY

https://www.davis-stirling.com/HOME/Statutes/Corp-Code-8330

https://www.davis-stirling.com/HOME/Statutes/Corp-Code-8333

In my opinion, a failure of this HOA to provide the membership is a violation of the law.