33-2210
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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. |