Section 5235 - Enforcement of Inspection Rights

(a) A member may bring an action to enforce that members right' to inspect and copy the association records. If a court finds that the association unreasonably withheld access to the association records, the court shall award the member reasonable costs and expenses, including reasonable attorney's fees, and may assess a civil penalty of up to five hundred dollars ($500) for the denial of each separate written request.

(b) A cause of action under this section may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court.

(c) A prevailing association may recover any costs if the court finds the action to be frivolous, unreasonable, or without foundation.

Section 1365.2 - Inspection and Copying

(f)    A member of an association may bring an action to enforce the member’s right to inspect and copy the association records.  If a court finds that the association unreasonably withheld access to the association records, the court shall award the member reasonable costs and expenses, including reasonable attorney’s fees, and may assess a civil penalty of up to five hundred dollars ($500) for the denial of each separate written request.  A cause of action under this section may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court.  A prevailing association may recover any costs if the court finds the action to be frivolous, unreasonable, or without foundation.

Changes

5235. §1365.2
(a)(f)    A member of an association may bring an action to enforce theat member’s right’ to inspect and copy the association records.  If a court finds that the association unreasonably withheld access to the association records, the court shall award the member reasonable costs and expenses, including reasonable attorney’s fees, and may assess a civil penalty of up to five hundred dollars ($500) for the denial of each separate written request.
(b)  A cause of action under this section may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court.
(c)  A prevailing association may recover any costs if the court finds the action to be frivolous, unreasonable, or without foundation.