Overview

Few records create more tension inside an HOA than the membership list. Access to that list allows homeowners to communicate with one another about governance, circulate information, organize reform efforts, and coordinate votes. For boards that prefer to operate without scrutiny, that transparency can feel threatening. That is why membership list disputes are common.

The Davis-Stirling Act addresses the issue directly. Civil Code 5200(a)(9) includes the membership list within the definition of HOA records, and Civil Code 5205 gives homeowners the right to inspect and copy those records. Civil Code 5220 allows individual members to opt out of sharing certain contact information. Read together, those provisions create a clear rule. Homeowners have a right to inspect the membership list, subject only to narrow limitations. An HOA does not get to deny the list simply because it dislikes your purpose.

The real conflict arises around what the law calls “improper purpose.” An HOA may refuse to provide the membership list if it reasonably believes the requesting member seeks it for an improper purpose (e.g., commercial solicitation, harassment, threats, fraud, etc.). Boards sometimes attempt to stretch that concept beyond its intended scope. The outcome often turns on how clearly the homeowner articulates a legitimate purpose and how courts evaluate the HOA’s justification.

This Fact Sheet explains when an HOA may lawfully deny access to the membership list, how the opt-out provision actually works, what qualifies as an improper purpose, and what enforcement options exist if the denial crosses the line.

This Fact Sheet is the final installment in the Civil Code 5200 series. The other Fact Sheets in this series include:

• “Can I See My California HOA’s Records? A Homeowner’s Guide to Civil Code 5200”
• “What HOA Documents Am I Legally Entitled to See in California?”
• “How Do I Write a 5200 Demand Letter to My California HOA?”
• “How Long Does My California HOA Have to Respond to a Records Request?”
• “Can My HOA Withhold or Black Out Documents?”
• “Can My HOA Charge Me for Copies of Records?”
• “What Do I Do If My California HOA Refuses to Give Me Records?”

Key Points

The membership list is not just another record category. It is a communication tool. That is why disputes over it are frequent and often aggressive. The Davis-Stirling Act protects access to the list, but it also places defined limits on how it may be used.

• The membership list is expressly included in Civil Code 5200. Civil Code 5200(a)(9) includes the membership list within the definition of HOA records, and Civil Code 5205 gives you the right to inspect and copy it. Civil Code 5225 conditions that right on the member stating their proper purpose. That right is not discretionary. If you are a member of the HOA, you are entitled to request it. And if your reason for demanding the list is related to your interest as an HOA member, you’re entitled to receive it.
• Individual members may opt out of sharing certain contact information. Civil Code 5220 allows members to opt out of sharing their name, property address, mailing address, and email address by notifying the HOA in writing that they prefer to be contacted through the alternative process referenced in Corporations Code 8330(c). Opting out doesn’t make your neighbor unreachable. It routes your communication to that member through the HOA instead. An HOA must honor valid opt-out elections. The existence of opt-outs by other HOA members does not eliminate your right to the list. It simply limits the information that may be disclosed for those members who affirmatively opted out.
• An HOA may deny you access to the membership list if your purpose is improper. Civil Code 5225 allows denial if the HOA reasonably believes that you’re seeking the membership list for a purpose unrelated to your interest as a member of the HOA. Disliking your viewpoint, opposing a recall effort, or wanting to avoid harsh criticism does not qualify as an improper purpose.
  • Communicating about HOA governance is a legitimate purpose. Using the membership list to urge a petition to recall the board, discuss board decisions, circulate policy concerns, alert fellow members to illegal board conduct, or campaign in an election falls squarely within the “proper purpose” rights of membership. [Attempts by bad HOA boards and bad HOA managers to label governance-related communication as “harassment” are often tactical and easily challenged.]
• The HOA bears the burden of justifying a denial. If an HOA refuses to provide the membership list, and you sue under Civil Code 5235 to compel its compliance, the HOA will have to prove that you would have used the information for a purpose unrelated to your interest as a member. Conclusory statements that the request “raises concerns” or “may be misused” won’t be sufficient.
• Partial disclosure based on opt-outs is lawful. Members who validly opt out under Civil Code 5220 are excluded from the membership list itself under Civil Code 5200(a)(9). Your HOA may not, however, use the existence of some opt-outs as a basis to deny you access to the entire list.
• Timing rules still apply to the membership list. Civil Code 5210(b)(6) sets no deadline of its own. It sends you to Corporations Code 8330. If you want to inspect and copy the list yourself, Corporations Code 8330(a)(1) requires you to give your HOA at least 5 business days’ written notice first, and your HOA then has to allow the inspection at reasonable times. Those 5 days are your waiting period, not your HOA’s production deadline. If instead you ask the secretary for a compiled list of members entitled to vote for directors and you tender a reasonable charge, Corporations Code 8330(a)(2) requires your HOA to make that list available within 10 business days after it receives your demand, or later if you specified a later compilation date. Separately, Corporations Code 8330(c) gives your HOA 10 business days to offer you an alternative method of accomplishing your stated purpose instead of turning over the list.​
• Your HOA may offer an alternative instead of the list. Corporations Code 8330(c) gives your HOA 10 business days after it receives your demand to deliver a written offer to accomplish your stated purpose without handing over the membership list. The usual offer is that your HOA will mail your communication to the members for you. If that alternative reasonably and timely accomplishes the purpose you stated in your demand, the law treats it as sufficient, and your HOA doesn’t have to produce the list. If it doesn’t accomplish your purpose, you must reject the offer in writing and explain why the alternative falls short. [In our experience, we always reject this alternative when an HOA offers it because our clients often have good reason not to trust their HOAs to deliver the requisite message(s).]
• Improper denial exposes the HOA to enforcement risk. If an HOA unreasonably withheld access to the membership list, Civil Code 5235 allows a court to compel production and impose statutory penalties of up to $500 per category. Prevailing homeowners are also entitled to their attorneys’ fees.
• Call California’s most experienced HOA attorneys if your HOA denies you the membership list. Membership list disputes often escalate quickly because they implicate elections, recalls, and board control. If your HOA refuses to provide the list without lawful justification, call the expert HOA lawyers at MBK Chapman.

The membership list is not a favor granted by the board. It is a statutory right tied to membership itself. When bad HOA boards attempt to restrict that right beyond the limits set by the Davis-Stirling Act, they assume legal risk that many do not fully appreciate.

FAQs

About Michael Kushner

Michael Kushner is a California attorney with over 30 years of experience representing homeowners in disputes with their HOAs. He is widely regarded as California’s leading homeowner-side HOA attorney, and has built one of the state’s most prominent law practices dedicated to holding HOAs accountable under the Davis-Stirling Act and California law.

In addition to his law firm’s work, Michael is a recognized lecturer, author, and the host of the hit HOA HELL podcast, where he provides homeowners living in HOA-governed communities with clear, practical strategies for dealing with bad HOAs. He’s also the author of the best-selling book, HOA HELL | California Homeowners’ Definitive Guide to Beating Bad HOAs, which has become a go-to resource for both homeowners seeking real-world solutions to their HOA disputes, as well as those good HOA board members who are interested in doing a good job.

About MBK Chapman Fact Sheets

Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.

At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.

Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.

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