Section 5235 - Enforcement of 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.

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Old Civil Code Section 1365.2(f)

(F) State and federal tax returns.

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Changes

Changes Made By Section 5235

(F) State (a) A member may bring an action to enforce that member’s right to inspect and federal tax returns 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.