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California Court Forms

 

Rights of Condo Members to Get Financial Records

Civ. 1365.2  Accounting Books and Records Disclosure.   (a) (1) The association shall make the accounting books and records (AB 1098 definitions and it may replace certain parts of the code) and the minutes of proceedings of the association available for inspection and copying

(3) ... if the requesting member submits a written request directly to the association for copies..., the association may satisfy the requirement... by mailing copies of the requested records to the member

If a court finds that the association unreasonably withheld access to the records, the court shall may assess a civil penalty up to $500 for each violation.
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CA Civil Code 1363.05.  (a) Common Interest Development Open Meeting Act. (Davis Stirling Site - Nicer print))  Legislative Intent Sample Trial Brief

 

Question:
In my association, we have three classes of homeowners: board members, their friends and then the rest of the homeowners

This friend of the board can view all books and records whenever he wants, but no other homeowners can do so.

Are these actions against the law

In encouraging or condoning unequal treatment among owners, the board likely violated its governing documents and, depending on the nature of the discrimination, possibly violated federal and state laws. Those discriminated against may sue to enforce their rights against that discrimination, potentially subjecting the association to huge damage awards and exposing responsible board members to individual damage awards.

An association cannot discriminate in the way it enforces its governing documents or grants, or withhold the right to examine books and records.  Text

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