In Alabama, the threshold question is when your association was created, because the state's main HOA statute only applies to communities formed on or after January 1, 2016. Older HOAs are governed primarily by their declaration and Alabama's nonprofit corporation law instead.
The full Alabama stack typically includes:
- Alabama Homeowners' Association Act, Ala. Code §§ 35-20-1 to 35-20-14 — primary statute for HOAs created on or after January 1, 2016.
- Alabama Uniform Condominium Act, Ala. Code §§ 35-8A-101 to 35-8A-417 — for condominiums created on or after January 1, 1991.
- Alabama Condominium Ownership Act, Ala. Code § 35-8 — for older condominiums created before 1991.
- Alabama Nonprofit Corporation Law, Ala. Code §§ 10A-3-1.01 et seq. — the entity law for most HOAs.
- The governing documents — the recorded declaration, bylaws, and rules.
- 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
See Getting Your HOA's Records in Alabama.
Fines and the board's powers (§ 35-20-11)
The Act gives the board enumerated powers, including suspending member-use rights and imposing reasonable fines — generally after notice and an opportunity to be heard. The reasonableness of any fine and the procedure the board followed are routine points of dispute. See Fighting an HOA Fine in Alabama.
The assessment lien (§ 35-20-12)
Unpaid assessments can become a lien, but the Act sets out steps and deadlines. The association generally must record a statement of lien within twelve months and provide written certified-mail notice at least thirty days before recording; enforcement runs through the courts:
"An association may bring an action in a court … to enforce a lien" — Ala. Code § 35-20-12
See Can an Alabama HOA Foreclose Over Unpaid Dues?.
Meetings (§ 35-20-7 and the bylaws)
The Act addresses board elections and modification of the declaration. Day-to-day meeting procedures and notice typically 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. The Alabama Homeowners' Association Act applies to HOAs created on or after January 1, 2016; older communities are governed mainly by their declaration and 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).
Can the HOA take my home over unpaid dues?
The assessment lien can be enforced, but through court under § 35-20-12 — after the statute's recording and notice steps.