In Alabama, the threshold question is when your association was created, because the state's main HOA statute applies to developments whose declaration was recorded on or after January 1, 2016 — and to an older association only if a majority of its members elect to be governed by it (Ala. Code § 35-20-3(a)). The statute does not reach condominiums regulated under Chapters 8 or 8A, real estate cooperatives, time-shares, campgrounds, or nonresidential developments (§ 35-20-3(b)). Other older HOAs are governed primarily by their declaration and, if incorporated, Alabama's nonprofit corporation law instead.
The layers that can apply in Alabama:
- Alabama Homeowners' Association Act, Ala. Code §§ 35-20-1 to 35-20-14 — primary statute for HOAs created on or after January 1, 2016, and for older HOAs whose members opt in.
- Alabama Uniform Condominium Act of 1991, Ala. Code §§ 35-8A-101 to 35-8A-417 — for condominiums created after January 1, 1991; some of its sections, including the fine, lien, and records provisions, also reach older condominiums for events after that date (§ 35-8A-102(a)).
- Condominium Ownership Act, Ala. Code §§ 35-8-1 to 35-8-22 — for condominiums created before 1991 (and, if its declaration says so, a condominium of four or fewer units) (§ 35-8A-102(b), (d)).
- Alabama Nonprofit Corporation Law, Ala. Code §§ 10A-3A-1.01 et seq. — the entity law for HOAs incorporated as nonprofits. An HOA created under a declaration on or after January 1, 2016 "shall be organized as a nonprofit corporation" under it (§ 35-20-5(a)).
- The governing documents — the recorded declaration, bylaws, and rules. Under the Act, the declaration prevails over the other governing documents except where it is inconsistent with the Act (§ 35-20-8).
- Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, Freedom to Display the American Flag Act.
Because which of those layers controls a given dispute depends on when your community was created and how it's organized, a licensed Alabama attorney is the right resource for how it all applies to your specific situation. See Which Alabama Laws Govern Your HOA or Condo? for the full breakdown.
Records (§ 35-20-13)
For HOAs under the 2016 Act, the statute gives owners a defined records right with a 30-day clock:
"shall maintain records and information to be made available to each member or potential purchaser, upon written request, within a reasonable time not to exceed 30 days from the date of the request, and upon the payment of reasonable associated costs" — Ala. Code § 35-20-13(a)
Section 35-20-13(b) lists ten categories the association must provide or point to, from current assessments and the operating budget to pending lawsuits. The Act also requires an HOA to file its bylaws and original covenants with the Secretary of State, which keeps them in a database "accessible by the public through the Secretary of State's website" (§ 35-20-5(b)(2)–(3)). See Getting Your HOA's Records in Alabama.
Fines and the board's powers (§ 35-20-11)
To the extent the declaration and governing documents authorize it, the Act lets the board suspend a member's use of association facilities or services for nonpayment of assessments, without denying access to the lot (§ 35-20-11(a)(1)), and assess reasonable penalties for violations of the declaration or board-adopted rules — after the member is afforded "the opportunity to be heard and represented by counsel before the board of directors" (§ 35-20-11(a)(2)). The statute spells out notice only for penalties against a tenant (§ 35-20-11(b)(2)), and a penalty "shall be considered an assessment" for lien purposes (§ 35-20-11(c)). The statute itself supplies two questions to ask about any penalty: was it reasonable, and was the member afforded that hearing? See Fighting an HOA Fine in Alabama.
The assessment lien (§ 35-20-12)
Except as the declaration or governing documents provide otherwise, the Act gives the association a lien on each lot for unpaid assessments, and the lien "may be enforced or foreclosed as provided in the declaration or governing documents or as provided in this section" (§ 35-20-12(a)). The association must record a statement of lien within 12 months after the assessment comes due, after written certified-mail notice to the owner at least 30 days before recording (§ 35-20-12(c)–(d)). Its priority over later liens does not extend to mortgages, deeds of trust, or state and county ad valorem taxes (§ 35-20-12(b)). The section's own enforcement route is a court action:
"An association may bring an action in a court having jurisdiction to enforce a lien declared in this section in the county where the lot is located" — Ala. Code § 35-20-12(e)
In that action, the court may order a sale of the property after three weeks of published notice (§ 35-20-12(f)). See Can an Alabama HOA Foreclose Over Unpaid Dues?.
Meetings (§ 35-20-5 and the bylaws)
The Act requires the HOA's organizational documents to provide "Rules and regulations for the conduct of any meetings of the association" (§ 35-20-5(c)(2)), and it sets notice rules for the first owner-controlled board election (§ 35-20-9). Day-to-day meeting procedures and notice otherwise come from the bylaws, layered on Alabama's nonprofit corporation law. See Attending HOA Board Meetings in Alabama.
Frequently asked questions
Does the 2016 Act apply to my older HOA?
Generally no, unless the association has opted in. The Alabama Homeowners' Association Act applies to developments whose declaration was recorded on or after January 1, 2016, and to an older association whose members, by majority, elect to be governed by it (§ 35-20-3(a)); it never applies to condominiums under Chapters 8 or 8A (§ 35-20-3(b)). Other older communities are governed mainly by their declaration and, if incorporated, Alabama's nonprofit corporation law.
How fast must my HOA share records?
Within a reasonable time not to exceed 30 days of a written request, upon payment of reasonable costs (§ 35-20-13(a)).
Can the HOA take my home over unpaid dues?
The Act's lien can be enforced or foreclosed as the declaration or governing documents provide, or through a court action and court-ordered sale under § 35-20-12(e)–(f). Either way, the statute's recording and notice steps come first (§ 35-20-12(c)–(d)).
Sources
- Ala. Code § 35-20-1 — Short title (Alabama Homeowners' Association Act, §§ 35-20-1 to 35-20-14)
- Ala. Code § 35-20-3 — Applicability of chapter
- Ala. Code § 35-20-5 — Organization of associations; organizational documents
- Ala. Code § 35-20-8 — Priority of declaration
- Ala. Code § 35-20-11 — Powers of board
- Ala. Code § 35-20-12 — Liens for unpaid assessments
- Ala. Code § 35-20-13 — Records
- Ala. Code § 35-8A-102 — Uniform Condominium Act applicability
- Ala. Code § 10A-3A-1.01 — Alabama Nonprofit Corporation Law: short title and application