Indian Creek Villas

Dear Ms***:This firm represents Indian Creek Villas, Inc("Association")The Association's Board of Directors asked that I respond to the above-referenced ComplaintThe Association is the homeowners association for the Indian Creek Villas, a condominium project in Palm Desert, CaMs
*** owns a unit in the project, and is therefore a member of the AssociationAs explained below, there is no merit to the Complaint, and the Association will not refund any assessments to Ms***.Ms*** complains that her email address was given to other members of the Association without her authorizationHowever, as she was advised, her email address was given out by a former employee without the Association's knowledgeThis was unfortunate, and, again the employee who gave out the email address is no longer employed by the Association.Even though the email address was given out without the Association's knowledge or consent, I bring to your attention the fact that members of homeowners associations have a right to the membership list of the association, which includes the names, property addresses and mailing addresses of the members(Civil Code Section 5200(a)(9).) The members are also entitled to copies of the members' email addresses, to the extent that an association maintains as email list (Worldmark, the Club vWyndham Resort, *** *** (2010) CalApp4th 1017.) Accordingly, had a member submitted a written request for the membership list and any email list, the Association would have been obligated to provide those lists.Under Civil Codes Section 5220, a member may "opt out of the sharing of that member's name, property address, and mailing address by notifying the association in writing that the member prefers to be contacted via the alternative process described in subdivision (c) of Section of the Corporations Code." A member may also opt out jof the sharing of the member's email addressMs*** did not give notice to the Association of her desire to opt out of sharing her name, address, mailing address and email address.Based on all of the foregoing, the Association did nothing wrong, and certainly will not refund any assessments, or pay any sums, to Ms***The Revdex.com should close this case, and should not publicly post the Complaint.Thank you for your attention to the above.Very truly yours,FIORE, RACOBS & POWERSA Professional Law Corporation