E<\/p>\n
\u30e9\u30b0\u30ca\u30a6\u30c3\u30ba\u30d3\u30ec\u30c3\u30b8<\/p>\n
\u8a18\u9332\u8981\u6c42\u30d5\u30a9\u30fc\u30e0<\/p>\n
Date<\/p>\n
California Civil Code Section 5200, as revised and effective as of January 1, 2014, provides for the inspection of accounting books,<\/p>\n
records and minutes of corporation proceedings. A copy of the complete section is provided for your reference. Please preview<\/p>\n
Section 5200 and describe the records\/documents that you are requesting. Association records prepared for the current year that<\/p>\n
are provided for under Civil Code Section 5200 will be made available to you within 10 business days of the date of your request.<\/p>\n
Association records prepared for the two previous years that are provided for under Civil Code Section 5200 will be made<\/p>\n
available to you within 30 days of the date of your request.<\/p>\n
Association records, and any information from them, may not be sold, used for a commercial purpose or used for any other<\/p>\n
purpose not reasonably related to a member\u2019s interest as a member. Legal action may be brought against any other person who<\/p>\n
violates this section for injunctive relief and for actual damages to the association caused by the violation.<\/p>\n
Records Request<\/p>\n
Review\/inspect association records<\/p>\n
[1 | Copy association records<\/p>\n
0<\/p>\n
Records\/documents (dated from, to)<\/p>\n
The records that | request are:<\/p>\n
My purpose in asking to inspect\/copy the following record is:<\/p>\n
I understand that the corporation may request clarification of my request. Such clarification may require dialogue between the<\/p>\n
managing agent and me, which may impact the date on which my request becomes active.<\/p>\n
I understand that it is up to me to arrange for a copy service if | want copies, or | may request that the managing agent make<\/p>\n
copies. | agree to pay for the copies upon request, understanding that the management company, on behalf of the mutual, will<\/p>\n
provide me with the cost before service is rendered.<\/p>\n
I understand that if any of the information requested requires redaction, to protect privacy and protect from identity theft, the<\/p>\n
redaction will be done at my expense (at a cost of $10 per hour up to a maximum of $200), and | understand also that | will be<\/p>\n
responsible to pay the additional cost of copying the records requested.<\/p>\n
| understand that my signature below authorizes the managing agent to commence this work at my expense.<\/p>\n
Member name<\/p>\n
Telephone number<\/p>\n
\u4f4f\u6240<\/p>\n
Mailing address<\/p>\n
(if different from address)<\/p>\n
Signature<\/p>\n
Mail to Laguna Woods Village Community Center, Attn: General Manager – Records Request, 24351 El Toro Road, Laguna Woods,<\/p>\n
CA 92637. Deliver in person to Laguna Woods Village Community Center lobby reception desk.
\nCivil Code<\/p>\n
Section 5200<\/p>\n
5200. For the purposes of this article, the following definitions shall apply:<\/p>\n
(a) \u201cAssociation records\u201d means all of the following:<\/p>\n
(1) Any financial document required to be provided to a member in Article 7 (commencing with<\/p>\n
Section 5300) or in Sections 5565 and 5810.<\/p>\n
(2) Any financial document of statement required to be provided in Article 2 (commencing with<\/p>\n
Section 4525) of Chapter 4.<\/p>\n
(3) Interim financial statements, periodic or as compiled, containing any of the following:<\/p>\n
(A) Balance sheet.<\/p>\n
(B) Income and expense statement.<\/p>\n
(C) Budget comparison.<\/p>\n
(D) General ledger. A \u201cgeneral ledger\u201d is a report that shows all transactions that occurred in<\/p>\n
an association account over a specified period of time.<\/p>\n
The records described in this paragraph shall be prepared in accordance with an accrual or<\/p>\n
modified accrual basis of accounting.<\/p>\n
(4) Executed contracts not otherwise privileged under law.<\/p>\n
(5) Written board approval of vendor or contractor proposals or invoices.<\/p>\n
(6) State and federal tax returns.<\/p>\n
(7) Reserve account balances and records of payments made from reserve accounts.<\/p>\n
(8) Agendas and minutes of meetings of the members, the board and any committees<\/p>\n
appointed by the board pursuant to Section 7212 of the Corporations Code; excluding, however,<\/p>\n
minutes and other information from executive sessions of the board as described in Article 2<\/p>\n
(commencing with Section 4900).<\/p>\n
(9) Membership lists, including name, property address, email address and mailing address,<\/p>\n
but not including information for members who have opted out pursuant to Section 5220.<\/p>\n
(10) Check registers.<\/p>\n
(11) The governing documents.<\/p>\n
(12) An accounting prepared pursuant to subdivision (b) of Section 5220.<\/p>\n
(13) An \u201cenhanced association record\u201d as defined in subdivision (b).<\/p>\n
(b) \u201cEnhanced association records\u201d mean invoices, receipts and canceled checks for payments<\/p>\n
made by the association, purchase orders approved by the association, credit card statements for<\/p>\n
credit cards issued in the name of the association, statements for services rendered and<\/p>\n
reimbursement requests submitted to the association.<\/p>\n
5205. (a) The association shall make available association records for the time periods and within the<\/p>\n
timeframes provided in section 5210 for inspection and copying a member of the association, or the<\/p>\n
member’s designated representative.<\/p>\n
(b) A member of the association may designate another person to inspect and copy the<\/p>\n
specified association records on the member’s behalf. The member shall make this designation in<\/p>\n
writing.<\/p>\n
(c) The association shall make the specified association records available for inspection and<\/p>\n
copying in the association\u2019s business office within the common interest development.<\/p>\n
(d) If the association does not have a business office within the development, the association<\/p>\n
shall make the specified association records available for inspection and copying at a place agreed to<\/p>\n
by the requesting member and the association.<\/p>\n
(e) If the association and the requesting member cannot agree upon a place for inspection and<\/p>\n
copying pursuant to subdivision (d) or if the requesting member submits a written request directly to<\/p>\n
the association for copies of specifically identified records, the association may satisfy the<\/p>\n
requirement to make the association records available for inspection and copying by delivering copies
\nof the specifically identified records to the member by individual delivery pursuant to Section 4040<\/p>\n
within the timeframes set forth in subdivision (b) of Section 5210.<\/p>\n
(f) The association may bill the requesting member for the direct and actual cost of copying<\/p>\n
and mailing requested documents. The association shall inform the member of the amount of the<\/p>\n
copying and mailing costs, and the member shall agree to pay those costs, before copying and<\/p>\n
sending the requested documents.<\/p>\n
(9) In addition to the direct and actual costs of copying and mailing, the association may bill the<\/p>\n
requesting member an amount not in excess of $10 per hour, and not to exceed $200 total per written<\/p>\n
request, for the time actually and reasonably involved in redacting an enhanced association record. If<\/p>\n
the enhanced association record includes a reimbursement request, the person submitting the<\/p>\n
reimbursement request shall be solely responsible for removing all personal identification information<\/p>\n
from the request. The association shall inform the member of the estimated costs, and the member<\/p>\n
shall agree to pay those costs, before retrieving the requested documents.<\/p>\n
(h) Requesting parties shall have the option of receiving specifically identified records by<\/p>\n
electronic transmission or machine-readable storage media as long as those records can be<\/p>\n
transmitted in a redacted format that does not allow the records to be altered. The cost of duplication<\/p>\n
shall be limited to the direct cost of producing the copy of a record in that electronic format. The<\/p>\n
association may deliver specifically identified records by electronic transmission or machine-readable<\/p>\n
storage media as long as those records can be transmitted in a redacted format that prevents the<\/p>\n
records from being altered.<\/p>\n
5210. (a) Association records are subject to member inspection for the following periods:<\/p>\n
(1) For the current fiscal year and for each of the previous two fiscal years.<\/p>\n
(2) Notwithstanding paragraph (1), the minutes of member and board meetings are subject to<\/p>\n
inspection permanently. If a committee has decision-making authority, minutes of the meetings of that<\/p>\n
committee shall be made available commencing January 1, 2007, and shall thereafter be<\/p>\n
permanently subject to inspection.<\/p>\n
(1) Association records prepared during the current fiscal year, within 10 business days<\/p>\n
following the association\u2019s receipt of the request.<\/p>\n
(2) Association records prepared during the previous two fiscal years, within 30 calendar days<\/p>\n
following the association\u2019s receipt of the request.<\/p>\n
(3) Any record or statement available pursuant to Article 2 (commencing with Section 4525) of<\/p>\n
Chapter 4, Article 7 (commencing with Section 5300), Section 5565 or Section 5810, within the<\/p>\n
timeframe specified therein.<\/p>\n
(4) Minutes of member and board meetings, within the timeframe specified in subdivision (a) of<\/p>\n
Section 4950.<\/p>\n
(5) Minutes of meetings of committees with decision-making authority for meetings<\/p>\n
commencing on or after January 1, 2007, within 15 calendar days following approval.<\/p>\n
(6) Membership list, within the timeframe specified in Section 8330 of the Corporations Code.<\/p>\n
(c) There shall be no liability pursuant to this article for an association that fails to retain<\/p>\n
records for the periods specified in subdivision (a) that were created prior to January 1, 2006.<\/p>\n
5215. (a) Except as provided in subdivision (b), the association may withhold or redact information<\/p>\n
from the association records if any of the following are true:<\/p>\n
(1) The release of the information is reasonably likely to lead to identity theft. For the purposes<\/p>\n
of this section, \u201cidentity theft\u201d means the unauthorized use of another person\u2019s personal identifying<\/p>\n
information to obtain credit, goods, services, money or property. Examples of information that may be<\/p>\n
withheld or redacted pursuant to this paragraph include bank account numbers of members or<\/p>\n
vendors, social security or tax identification numbers, and check, stock and credit card numbers.<\/p>\n
(2) The release of the information is reasonably likely to lead to fraud in connection with the<\/p>\n
association.
\n(3) The information is privileged under law. Examples include documents subject to attorney-<\/p>\n
client privilege or relating to litigation in which the association is or may become involved and<\/p>\n
confidential settlement agreements.<\/p>\n
(4) The release of the information is reasonably likely to compromise the privacy of an<\/p>\n
individual member of the association.<\/p>\n
(5) The information contains any of the following:<\/p>\n
(A) Records of goods or services provided a la carte to individual members of the association<\/p>\n
for which the association received monetary consideration other than assessments.<\/p>\n
(B) Record of disciplinary actions, collection activities or payment plans of members other than<\/p>\n
the member requesting the records.<\/p>\n
(C) Any person\u2019s personal identification information, including, without limitation, social security<\/p>\n
number, tax identification number, driver’s license number, credit card account numbers, bank<\/p>\n
account number and bank routing number.<\/p>\n
(D) Minutes and other information from executive sessions of the board as described in Article<\/p>\n
2 (commencing with Section 4900), except for executed contracts not otherwise privileged. Privileged<\/p>\n
contracts shall not include contracts for maintenance, management or legal services.<\/p>\n
(E) Personnel records other than the payroll records required to be provided under subdivision<\/p>\n
(b).<\/p>\n
(F) Interior architectural plans, including security features, for individual homes.<\/p>\n
(b) Except as provided by the attorney-client privilege, the association may not withhold or<\/p>\n
redact information concerning the compensation paid to employees, vendors or contractors.<\/p>\n
Compensation information for individual employees shall be set forth by job classification or title, not<\/p>\n
by the employee\u2019s name, social security number or other personal information.<\/p>\n
(c) No association, officer, director, employee, agent or volunteer of an association shall be<\/p>\n
liable for damages to a member of the association or any third party as a result of identity theft or<\/p>\n
other breach of privacy because of the failure to withhold or redact that member’s information under<\/p>\n
this section unless the failure to withhold or redact the information was intentional, willful or negligent.<\/p>\n
(d) If requested by the requesting member, an association that denies or redacts records shall<\/p>\n
provide a written explanation specifying the legal basis for withholding or redacting the requested<\/p>\n
records.<\/p>\n
5220. A member of the association may opt out of the sharing of that member’s name, property<\/p>\n
address,email address and mailing address by notifying the association in writing that the member<\/p>\n
prefers to be contacted via the alternative process described in subdivision (c) of Section 8330 of the<\/p>\n
Corporations Code. This opt out shall remain in effect until changed by the member.<\/p>\n
5225. A member requesting the membership shall state the purpose for which the list is requested<\/p>\n
which purpose shall be reasonably related to the requester\u2019s interest as a member. If the association<\/p>\n
reasonably believes that the information in the list will be used for another purpose, it may deny the<\/p>\n
member access to the list. If the request is denied, in any subsequent action brought by the member<\/p>\n
under Section 5235, the association shall have the burden to prove that the member would have<\/p>\n
allowed use of the information for purposes unrelated to the member’s interest as a member.<\/p>\n
5230. (a) The association records, and any information from them, may not be sold, used for a<\/p>\n
commercial purpose or used for any other purpose not reasonably related to a member’s interest as s<\/p>\n
member. An association may bring an action against any person who violates this article for injunctive<\/p>\n
relief and for actual damages to the association caused by the violation.<\/p>\n
(b) This article may not be construed to limit the right of an association to damages for misuse<\/p>\n
of information obtained from the association records pursuant to this article or to limit the right of an<\/p>\n
association to injunctive relief to stop the misuse of this information.<\/p>\n
(c) An association shall be entitled to recover reasonable costs and expenses, including<\/p>\n
reasonable attorney\u2019s fees, in a successful action to enforce its rights under this article.
\n5235. (a) A member may bring an action to enforce that member’s right to inspect and copy the<\/p>\n
association records. If a court finds that the association unreasonably withheld access to the<\/p>\n
association records, the court shall award the member reasonable costs and expenses, including<\/p>\n
reasonable attorney’s fees, and may assess a civil penalty of up to $500 for the denial of each<\/p>\n
separate written request.<\/p>\n
(b) A cause of action under this section may be brought in small claims court if the amount of<\/p>\n
the demand does not exceed the jurisdiction of that court.<\/p>\n
(c) A prevailing association may recover any costs if the court finds the action to be frivolous,<\/p>\n
unreasonable or without foundation.<\/p>\n
5240. (a) As applied to an association and its members, the provisions of this article are intended to<\/p>\n
supersede the provisions of Sections 8330 and 8333 of the Corporations Code to the extent those<\/p>\n
sections are inconsistent.<\/p>\n
(b) Except as provided in subdivision (a), members of the association shall have access to<\/p>\n
association records, including accounting books and records and membership lists, in accordance<\/p>\n
with Article 3 (commencing with Section 8330) of Chapter 13 of Part 3 of Division 2 of Title 1 of the<\/p>\n
Corporations Code.<\/p>\n
(c) This article applies to any community service organization or similar entity that is related to<\/p>\n
the association, and to any nonprofit entity that provides services to a common interest development<\/p>\n
under a declaration of trust. This article shall operate to give a member of the organization or entity a<\/p>\n
right to inspect and copy the records of that organization or entity equivalent to that granted to<\/p>\n
association members by this article.<\/p>\n
(d) This article shall not apply to any common interest development in which separate interests<\/p>\n
are being offered for sale by a subdivider under the authority of a public report issued by the Bureau<\/p>\n
of Real Estate so long as the subdivider or all subdividers offering those separate interests for sale, or<\/p>\n
any employees of those subdividers or any other person who receives direct or indirect compensation<\/p>\n
from any of those subdividers, comprise a majority of the directors. Notwithstanding the foregoing,<\/p>\n
this article shall apply to that common interest development no later than 10 years after the close of<\/p>\n
escrow for the first sale of a separate interest to a member of the general public pursuant to the public<\/p>\n
report issued for the first phase of the development.<\/p>","protected":false},"author":2,"featured_media":0,"template":"","document_category":[1083],"document_type":[53],"class_list":["post-48671","document","type-document","status-publish","hentry","document_category-resident-services","document_type-other"],"acf":{"document":46486,"resolutions":null,"legacy_id":"1441","pdf_extracted_text":""},"yoast_head":"\n