Bay Minette, AL asked in Real Estate Law for Alabama

Q: Do members of a Property Owners Association ( Homeowners Association) have the right to see contracts in Alabama?

The front entrance to our subdivision was damaged by a pickup truck. The Board approved a contract for repairs in excess of the insurance settlement. They used money from regular dues to pay the difference. I would like to have a copy (or at least see) the contract.

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1 Lawyer Answer
Nelson Craig Johnson
Nelson Craig Johnson
  • Cullman, AL
  • Licensed in Alabama

A: I think it is more than reasonable for you to request a copy or to see the contract as you pay dues tot he HOA. Now if you are entitled to see that contract likely depends on the way the HOA was set up and the language of the documents drafted to create the HOA.

I would start by making the request, and if they refuse then I would speak with an attorney and bring your deed, and any other documents associated with the HOA that you have in your possession for him to review. If he agrees with you then he can send a letter on your behalf. It is amazing how an attorney letterhead will get a person's attention. Keep in mind though that you do live in a neighborhood with these people so I would suggest keeping things polite.

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