Civil Code Records & Inspection
Records Inspection Enforcement
Chapter 6 · Association Governance · Record Inspection
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §5235
(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.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
How courts have read this
Editorial summaries — not the court’s words.
- Retzloff v. Moulton Parkway Residents' Ass'n 14 Cal. App. 5th 742 · 2017 A prevailing association recovers costs, not attorney fees, in records suits.
central to this opinion — cited 40×
- Artus v. Gramercy Towers Condo. Ass'n 19 Cal. App. 5th 923 · 2018 Winning a preliminary injunction doesn’t make you the prevailing party for fees.
mentioned in passing