(a) The association or managing agent shall maintain among its records a list of the names and post office addresses of the owners of time-share interests in the time-share plan.
(b) The list shall:
(1) Be updated every six (6) months; and
(2) Not be published or provided to owners or a third person to use or sell the list for commercial purposes.
(c) (1) If an owner of a time-share interest in the time-share plan provides a written request to the association to communicate with its membership, the association shall determine within thirty (30) days of the date of the request whether the communication advances legitimate association business and if so, provide a method to grant the request without disclosing the association membership list to the requesting owner.
(2) (A) The association shall notify the requesting owner of the costs to make the communication before the communication is made to the owners.
(B) The requesting owner shall pay the costs to the association before the association makes the communication.
(3) An alternative method that accomplishes the original purpose of the request made under subdivision (c)(1) of this section is a reasonable alternative.
(4) (A) If the association determines that a communication does not advance legitimate association business, the association shall notify the requesting owner in writing within thirty (30) days of the reasons for the rejection.
(B) An owner that is denied a request for information under subdivision (c)(4)(A) of this section may appeal the denial to the court in whose jurisdiction the association lies.
(C) If the court determines that the communication does advance legitimate association business, the court may order the association to pay the requesting owner's costs, including attorney's fees reasonably incurred to enforce the requesting owner's rights.
Section: Previous 18-14-302 18-14-303 18-14-304 18-14-305 18-14-306 18-14-307 18-14-308 18-14-309 18-14-310 NextLast modified: November 15, 2016