Membership list

You could be given a street and house address numbers, but probably not names, emails or any other info. You could not do an advertising mailing or use the List for solicitation purposes.

So why do you want this list?

Send a letter certified mail, return receipt requested to the manager and Board Secretary stating the following or similar:

======= Start Draft Letter ==========

Dear Director-Secretary Jones and Manager Smith,

On ____, 2020, I requested a copy of the membership list (to include names, USPS addresses, and email addresses, where a member has agree to release her or his email address). The purpose of this request is so that I may contact members, writing as a fellow member and not director, concerning issues at the condominium. Pursuant to the authorities below, it appears that the Association must provide an opportunity to inspect and copy this list within five business days. The five-day deadline has long expired. I am asking one more time: Please provide a time that I may inspect and copy the membership list. Please do so within the next five business days.

Sincerely,

name
address
phone number
email address

Authorities:
California Civil Code Section 5210 (also Sections 5205 and 5235)
California Corporations Code Section 8330 (also Section 8313)

========== End Draft Letter =================

When the manager and Secretary are silent again for more than ten business days (give them an extra five days to help your case should you need to go to court), write back here. Meanwhile review this: https://www.davis-stirling.com/HOME/Statutes/Civil-Code-5235#axzz2CR2ljirY

And then I'd note some of the concerns Sue noted earlier and let the homeowner know that he/she may be entitled to the list (and he/she will get it), but could be in for a world of hurt if someone gets mail that appears to be some sort of solicitation. Or people will simply pitch it, and that would be a waste of money in printing and postage. That said, here you go and whatever happens after that is on YOU.

You know, that could be an interesting article for a newsletter or HOA website - what DOES the board do with the membership lists, can homeowners get a copy and what are the expectations regarding appropriate use of it, can you opt out, etc. And if someone or lots of people opt out, what happens if the requesting homeowner says he/she STILL wants the information? Perhaps this will prompt the board to take a look at their policies - if there isn't anything related to this, they can work with their attorney on setting something up.

One more thing Sasha - as Kerry noted you've been referred to the Davis-Stirling website a number of times. You may want to start checking it first to see if your questions can be answered that way - could save you a lot of time.

Do not take this as a "defense of a HOA" but sometimes membership lists just don't exist or up to date. The Secretary of the HOA this is typically their responsibility to keep up with. However, if you have an MC they may do it. You can't always ASSUME that whomever is sending in the check for dues is the owner. Can't always depend on that address to be correct. We require the lot # to be on the memo line of the check. Everything else is pretty much assumption.

Even as President, I did not have an accurate or up to date list of all the members. It's not that easy information to come by. Believe our 1 Secretary who took on the challenge was exhausted after 6 months trying to create the list. I always suggest not worrying about the names. Those will change. The street address doesn't. So if you want an accurate list, put on your jogging shoes and write down the addresses on the doors. Your going to have to send them a stamped letter to communicate anyways if you want to contact them in writing. It's illegal to put anything in a mailbox without a stamp on it. Putting something on the property could be considered solicitation. Which is often bannned.

So who is going to go to jail over it? You may have a list but don't count on it's accuracy.

With Geno, it's the law in CA for the HOA to to have a Membership List available to owners with the info I cited above. In this day & age, there's absolutely no need to go to th county tax assessors's office or trot around the 'hood to find out. In our "hood, in fact, 25% of the occupant are renters.

In CA, HOAs can be fined $500 (I think) if they do not timely turn our over this info to owners who properly request it.

Sheila's "reasons" are probably good enough. I don't think our CA civil code requires a reason, Geno, but it seems to me our corporations codes do require it--not sure.

Thanks JohnC77--I just couldn't remember where the written reason is required.

I'm still wondering why you haven't answered Kerry's questions - did you ASK the property manager the reason for the holdup (ask during the board meeting if you don't get a response by calling or sending an email)? What about bringing this up in executive session? If it appears the rest of the board will say no to your request, did you ask THEM why they don't want you to have it?

I don't know if anyone's answers will change from what's already been said, but if you don't get it, I would think step two is going to a private attorney to see if he or she can blast the information out. You may also want to start preparing a response to why you want the information because someone's going to ask.

-- I agree with KerryL1 that the board is wrong. In case you have to go to court, do document the board's (absolutely nutty and ignorant) response.

-- I agree with KerryL1's editing, regarding the purpose of your request. It is wise.

Below is a link to the CAI website that has a copy of their Board Member Toolkit.

https://www.caionline.org/search/pages/results.aspx?k=board%20toolkit

Of particular interest is Chapter 4, The Role of the Secretary. The role is pretty well defined, and even if there is a management company involved, it is the responsibility of the Secretary to oversee. One of the responsibility is maintenance of the membership list.

So, if a owner requests such a list, the request should always go to the Secretary of the corporation, not the management comp0any, and once the request is properly validated, it can be then forwarded to the MC to supply the list to the requester.

SashaE1, first, I want to confirm a few things.

-- Have you or any of your friends ever threatened to sue the HOA and was this in writing or recorded in, say, Board meeting Minutes? If so, over what issue? Does the HOA have proof of your 'association' with any such friends?

-- Has the HOA ever threatened to sue you or any of your friends?

If there were never any such threats, then write the PM and Secretary back as follows:

==== Start Draft of Second Letter ====
Dear Director-Secretary Jones and Manager Smith,

Thank you for your response. When it comes to a proper purpose for my request, my understanding is that the only requirements are that the purpose be proper and also be reasonably related to my "interest as a member" (Corporations Code 8330). I stated that my purpose is to communicate about topics that interest owners. For example, I may be communicating about (1) compliance with the Bylaws at Board meetings; (2) covenant ___, pertaining to ___; (3) _____. Other non-confidential topics may arise about which I want to communicate with members.

I believe my purpose is proper and pertains to my interests as a member/shareholder of the Association. Once again, I respectfully request that the Association provide a time and place when I may inspect and copy the membership list. Respectfully, please do so within the next five business days.

Thank you,

name
address
phone
email addie
=======

Post back when the manager says no once again. [wink]

So far I see one example of case law in California where a corporation successfully denied a member the membership list. But as long as you are not involved in litigation or an explicit threat of litigation, I believe the law is on your side.

Document everything. Put copies of communications in a large 3-ring binder. Save all emails on the server (printouts of emails often do not count in court). Continue to study https://www.davis-stirling.com/HOME/Statutes/Civil-Code-5235#axzz2CR2ljirY . In my opinion, start making plans to go go California small claims court.

There is proper protocol when communicating with the membership. The board as a whole would designate a point person.

I am guessing you don't have the board's blessing.

Thank you Augustin and all. I expanded to include my reason to be to discuss information covered in regular board meetings and any other interests I may have related to the association as a member.

PM said this worked and would get me the membership soon.

Also, i’m not requesting it as a current Board member but as a member.

I have no history of litigation or expressed litigation with the association.

I appreciate your help!!!