Management Company Contrat

Happy, the Board and the management company each should have a copy of the management agreement. The HOA's signed copy of the agreement should be part of the HOA files and available upon request of a member for viewing. Make a written request to the Board to view this document.

Happy,

Are you in a condominium (COA) or an HOA?

Is the Association incorporated as a nonprofit?

If the Association is incorporated as a nonprofit (most are), the TN nonprofit corporation act applies and members have the right to inspect records under Tenn. Code Ann. § 48-66-102 (title 48, Chapter 66, Part 1). The Association may have reasonable charges you would have to pay for this inspection and any copies. If the Association does not comply with your request, you will need to take the Association to court to force them to comply (that or get elected to the board so you can see the records).

If the Association is a COA, then the TN condominium act applies and under Tenn. Code Ann. § 66-27-417, members have the right to inspect the records. Although not specified, I suspect that the Association may have reasonable charges for providing copies. Same as above, if the Association refuses to comply, you will need to seek remedy through the courts.

If your Association is an HOA and NOT incorporated as a nonprofit you will need to check your governing documents to determine your rights on inspecting records.

You may access TN laws from http://www.lexisnexis.com/hottopics/tncode/
Note: you will have to click the agree box to be taken to the site (this is how TN laws are provided).
Note: You may get a request from your browser to install a missing plug-in. You can deny that request as the plugin is not needed.

Hope this helps,

Tim

Happy,

The request should go to your Board and/or Registered Agent for the Association.

You need to send the request to the Association because this is who must show you the record. Sending the request to the management company (or any contractor the Association uses) would probably result in a refusal letter. This is because you are not a party to the contract and therefore don't have the right to look at the contract. You do have the right to look at your Association records and the contract held within those records. Therefore, it has to be the Association that provides a copy of it - not the contractor providing the services.