Section 5200 - Association Records and Enhanced Records
For the purposes of this article, the following definitions shall apply:
(a) "Association records" means all of the following:
(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) Any financial document or statement required to be provided in Article 2 (commencing with Section 4525) of Chapter 4.
(3) Interim financial statements, periodic or as compiled, containing any of the following:
(A) Balance sheet.
(B) Income and expense statement.
(C) Budget comparison.
(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) Executed contracts not otherwise privileged under law.
(5) Written board approval of vendor or contractor proposals or invoices.
(6) State and federal tax returns.
(7) Reserve account balances and records of payments made from reserve accounts.
(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 49000).
(9) Membership lists, including name, property address, and mailing address, but not including information for members who have opted out pursuant to Section 5220.
(10) Check registers.
(11) The governing documents.
(12) An accounting prepared pursuant to subdivision (b) of Section 5520.
(13) An "enhanced association record" as defined in subdivision (b).
Section 5205 - Inspection of Records
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(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.
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Section 5225 - Membership List Request Requirements
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 5220 - Membership List Opt Out
A member of the association may opt out of the sharing of that member's name, property 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 1365.2 - Inspection and Copying
(a) For the purposes of this section, the following definitions shall apply:
(1) "Association records" means all of the following:
(A) Any financial document required to be provided to a member in Section 1365.
(B) Any financial document or statement required to be provided in Section 1368.
(C) Interim financial statements, periodic or as compiled, containing any of the following:
(i) Balance sheet.
(ii) Income and expense statement.
(iii) Budget comparison.
(iv) 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 subparagraph shall be prepared in accordance with an accrual or modified accrual basis of accounting.
(D) Executed contracts not otherwise privileged under law.
(E) Written board approval of vendor or contractor proposals or invoices.
(F) State and federal tax returns.
(G) Reserve account balances and records of payments made from reserve accounts.
(H) Agendas and minutes of meetings of the members, the board of directors and any committees appointed by the board of directors pursuant to Section 7212 of the Corporations Code; excluding, however, minutes, and other information from executive sessions of the board of directors as described in Section 1363.05.
(I) (i) Membership lists, including name, property address, and mailing address, if the conditions set forth in clause (ii) are met and except as otherwise provided in clause (iii).
(ii) The member requesting the 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 subdivision (f), the association shall have the burden to prove that the member would have allowed use of the information for purposes unrelated to his or her interest as a member.
(iii) 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.
(J) Check registers.
(2) “Enhanced association records” means invoices, receipts and canceled checks for payments made by the association, purchase orders approved by the association, credit card statements for credit cards issued in the name of the association, statements for services rendered, and reimbursement requests submitted to the association, provided that the person submitting the reimbursement request shall be solely responsible for removing all personal identification information from the request.
Changes
5200. 1365.2 For the purposes of this sectionarticle, the following definitions shall apply:
(a)(1) "Association records" means all of the following:
(1)(A) Any financial document required to be provided to a member in Section 1365. (B) AnyArticle 7 (commencing with Section 5300) or in Sections 5565 and 5810.
(2)( B) Any financial document or statement required to be provided in Article 2 (commencing with Section 13684525) of Chapter 4.
(3)(C) Interim financial statements, periodic or as compiled, containing any of the following:
(A) (i) Balance sheet.
(B) (ii) Income and expense statement.
(C) (iii) Budget comparison.
(D) (iv) 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 subparagraphparagraph shall be prepared in accordance with an accrual or modified accrual basis of accounting.
(4) (D) Executed contracts not otherwise privileged under law.
(5) (E) Written board approval of vendor or contractor proposals or invoices.
(6) (F) State and federal tax returns.
(7) (G) Reserve account balances and records of payments made from reserve accounts.
(8) (H) Agendas and minutes of meetings of the members, the board of directors, and any committees appointed by the board of directors pursuant to Section 7212 of the Corporations Code; excluding, however, minutes, and other information from executive sessions of the board of directors as described in Article 2 (commencing with Section 1363.054900).
(9) (I) (i) Membership lists, including name, property address, and mailing address, if the conditions set forth in clause (ii) are met and except as otherwise provided in clause (iii).but not including information for purposes unrelated to his or her interest as a member. members who have opted out pursuant to Section 5220.
5225. (ii) TheA 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 subdivision (f)Section 5235, the association shall have the burden to prove that the member would have allowed use of the information for purposes unrelated to his or herthe member's interest as a member.
5220.(iii) A member of the association may opt out of the sharing of his or herthat member’s name, property address, and mailing address by notifying the association in writing that he or shethe member prefers to be contacted via the alternative process described in subdivision (c) of Section 8330 of the Corporations Code. This opt-outopt out shall remain in effect until changed by the member
(J)(10) Check registers.
(11) The governing documents.
(12) An accounting prepared pursuant to subdivision (b) of Section 5520.
(13) An "enhanced association record" as defined in subdivision (b).
1365.2
(2) "Enhanced5205. (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 records" means invoices, receipts and canceled checks for payments made by the association, purchase orders approved by the association, credit card statements for credit cards issued in the name of the association, statements for services rendered, andrecord. If the enhanced association record includes a reimbursement requests submitted to the associationrequest, provided that 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.