HOA Member’s Demand for the Association’s Membership List Requires a “Proper Purpose”

A topic that is frequently the subject of controversy between a homeowners’ association and an individual homeowner is the right of the homeowner to inspect and/or obtain a copy of the Association’s list of members (“Membership List”). The typical association Membership List includes a member’s name, property address, and mailing address. Phone numbers and emails are not generally part of the Membership List, unless specifically provided for in state statutes or an association’s governing documents.

Because state statutes and governing documents typically mandate that corporations / homeowners’ associations maintain a record of its members, the Membership List becomes a part of the records of the association that its members have a right to inspect and/or receive copies of. The Membership List is an asset of the corporation/association and it can only be used for a proper corporate / association purpose. While there is no specific list of what constitutes a “proper purpose,” there are statutes that state what is an “improper purpose” such as:

1. Using the Membership List to solicit money or property unless the money or property will be used solely to solicit the vote of the members in an election to be held by the corporation.
2. Using the Membership List for any purpose which the user does not reasonably and in good faith believe will be for the benefit of the corporation.
3. Using the Membership List for: