Editors Note: The following letter submitted by contributing author Sharon Ruhnau, was sent to the current RSFA Board Directors.
Dear Directors,
It seems I have made some headway understanding how you handle emails from members to members. However, your methods violate the spirit of California law and certainly violate the privacy rights of anyone who has chosen to opt-out.
California Corporations Code §8330(a) provides that a member may (1) inspect and copy the record of all members’ names, addresses and voting rights …; or (2) Obtain from the Secretary of the corporation a list of the names, addresses and voting rights of those members entitle to vote for the election of directors. In both instances the demand shall state the purpose for which the information is requested.
In addition, §8330(c) provides that the corporation may make a written offer of an alternative method of achieving the purpose identified in the demand without providing access to or a copy of the membership list.
It appears that the alternative method used by the Association is that the Association will send the member’s message out to the membership by email. (Note, that the Association may not mail any candidates point of view. How it thinks that emailing a candidate’s point of view is permissible, defies logic.)
All of this sounds plausible except when you come to California Civil Code §5220. Membership List Opt Out: A member of the association may opt out of sharing that member’s name, property address, email address and mailing address and state the process by which the member prefers to be contacted.
Here we are talking about members who have opted out of being contacted by email.
Association Emails Opted-Out Members
Now, if the Association had stuck to having a candidate contact other members according to the membership list, there would be no problem. Instead, the Association (and I doubt it made a written offer per §8330(c)) sent out a message to the members’ emails. The Association also sent out the email to members who had opted-out. Pursuant to Civil Code §5220 Membership List Opt Out “ [a member of the association may opt out of the sharing that member’s … email address.” Presumably the Association doesn’t believe it is sharing the member’s email because it emails the member itself. Technically this is correct but may still violate a member’s right to privacy. The California Legislature states “that the right to privacy is a personal and fundamental right protected by both the Constitution of California and the United States Constitution and that all individuals have a privacy right in information pertaining to them.” (See the California Consumer Privacy Act and the California Information Practices Act.)
If I, for whatever reason choose to not have member to member contact through email, and the Association sends me that information through email, it would seem a violation of my right to opt out and a violation of my privacy rights.
Membership List a Corporate Asset
However, all of this may not impress because of the technical compliance with the laws. What has not been complied with is the mandate that the Board must consent to making the membership list available. “Without consent of the Board, a membership list … may not be made available or used for any purpose not reasonably related to a member’s interest as a member.” As I understand it, no request for our membership list ever goes to the Board. This means that our membership list, a corporate asset, is not protected from unauthorized use.
When Dominique Albrecht (manager) said that Courtney LeBeau messaged Brooke with her request for the mailing list, I reiterate that such informal request is improper and unfair.
Sincerely,
Sharon Ruhnau
P.S. Obviously this Board has a peculiar view of what is proper conduct for a Director. Phil Trubey uses some sort of private mailing list, informs the recipient that he is Board member and then opines about candidates, members and his views on just about everything. If he is representing, and it certainly looks this way, that this is the Board’s view, then this is not just improper but illegal. Yet our Board has done nothing to shut this down despite numerous complaints.
Sharon Ruhnau is an attorney, Covenant member and former RSFA Board Director.