33-2210. List of owners
A. The association or other managing entity shall maintain among its records a
complete list of the names and addresses of all owners of timeshare interests in the
timeshare plan. The association or other managing entity shall update this list no less
frequently than quarterly. Neither the association nor other managing entity may publish
this owners' list or provide a copy of it to any owner or to any third party.
B. The association or other managing entity shall mail to those persons listed on
the owners' list prescribed by subsection A any materials provided by any owner, on the
written request of that owner, if the purpose of the mailing is to advance legitimate
association business, such as a proxy solicitation for any purpose, including the recall
of one or more board members elected by the owners or the discharge of the manager or
management firm. The use of any proxies solicited in this manner must comply with the
timeshare instrument and this chapter. A mailing requested for the purpose of advancing
legitimate association business shall occur within thirty days after receipt of a request
from an owner. The board of the association or the managing entity is responsible for
determining the appropriateness of any mailing requested pursuant to this subsection and
for establishing reasonable procedures for the exercise of the rights provided in this
section. The association or other managing entity does not have an obligation to mail
items that the association or other managing entity reasonably believes may be libelous
or otherwise actionable or on advice of legal counsel. The owner who requests the mailing
shall reimburse the association or other managing entity in advance for the actual costs
in performing the mailing or a proportionate share of actual costs if the mailing is
included in a mailing that includes other items.
C. If the requesting owner has complied with the reasonable procedures established
by the board or managing entity for mailing requests, it is a violation of this chapter
for the association or other managing entity to refuse to mail any material requested by
the owner to be mailed, if the sole purpose of the materials is to advance legitimate
association business and the requesting owner has either tendered to the association or
managing entity payment of the cost pursuant to subsection B or has requested an invoice
for that cost and has not received an invoice within ten days after delivering that
request to the association or managing entity. If the purpose of the mailing is a proxy
solicitation to recall one or more board members elected by the owners or to discharge
the manager or management firm and the association or other managing entity does not mail
the materials within thirty days after receipt of a request from an owner, the superior
court in the county in which the timeshare plan or property is located, on application
from the requesting owner, may summarily order the mailing of the materials solely
related to the recall of one or more board members elected by the owners or the discharge
of the manager or managing firm. The court shall dispose of an application on an
expedited basis. In the event of such an order, the court may order the association or
other managing entity to pay the owner's costs, including attorney fees reasonably
incurred to enforce the owner's rights, unless the managing entity can demonstrate it
refused the mailing in good faith because of a reasonable basis for doubt about the
legitimacy of the mailing.
D. Notwithstanding any law to the contrary, the association or other managing
entity may not furnish the name, address, telephone number or electronic mail address of
any owner to any other owner or authorized agent of an owner unless the owner whose name,
address, phone number or electronic mail address is requested first approves the
disclosure in writing.
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