5235. Violation for Association’s Non-compliance

5235.  Violation for Association’s Non-compliance.  (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.
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(c)  A prevailing association may recover any costs if the court finds the action to be frivolous, unreasonable, or without foundation.