Civil Code §5235. Enforcement Options Concerning Inspection Rights

California Civil Code  >   Part 5. Common Interest Developments (Davis-Stirling Common Interest Development Act)  >  Chapter 6. Association Governance  > Article 5. Record Inspection  >  Civil Code §5235. Enforcement Options Concerning Inspection Rights
(a) A member may bring an action to enforce that 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. [2012 – Based on former §1365.2(f)]

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