New HOA in Alabama

Started by GP • 1 replies • 1113 views

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GP (Alabama)
Posts: 1

Posted:

We live in a subdivision that was started a few years ago. A few days ago the developer placed a notice in everyone's mailbox stating a HOA has been established for our subdivision as of 1 May 08 by the builder and the subdivision developer. Other than the incorporaton notice/articles of the association, which indicates the two inital members, filing date and membership, no other information has been provided to any homeowner. Two questions: Is there a requiremnt to provide any association bylaws to members? and, Since the covenants were in place when the property was purchased are the members (homeowners) required to have an association? GP

GlenL (Ohio)
Posts: 5,491

Posted:

There should be, the by-laws define what procedures the Board must follow and you should ask the developer for them. They may be filed with the county just like the Declarations however not every state requires it or the developer's attorney may still be working on them. You said it was started a few years ago; have dues been collected? As to whether or not the Association is required you will need to examine your deed and read ALL of the documentation the developer has given you.

I suggest you go to the local copy center and make copies of everything then using the copies and a couple different colored highlighters go through them line by line and highlight the relevant sections and any that you have questions about, just like in high school, for this will truly be a learning experience for you. Different states have different laws concerning HOA's but it looks like at this time only condominiums are covered under Alabama's. If all else fails you may need to contact an attorney for a definitive answer to your questions.

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