Getting Your HOA's Records in Alabama

When an Alabama board won't explain where the money goes, the association's records are the place to look. Alabama's records framework depends on whether your HOA falls under the 2016 Act or operates under older law and the Nonprofit Corporation Law — and condominiums have a separate rule. For your specific situation, a licensed Alabama attorney is the right resource. This is general information, not legal advice.

How long does an Alabama HOA have to provide records?

Up to 30 days, for HOAs under the 2016 Act (declarations recorded on or after January 1, 2016, or older HOAs that opted in). Ala. Code § 35-20-13 requires those associations to make records available to members and potential purchasers on written request within a reasonable time not to exceed 30 days, on payment of reasonable associated costs.

The Alabama Homeowners' Association Act covers HOAs whose declaration was recorded on or after January 1, 2016, plus older HOAs whose members have voted to opt in (§ 35-20-3(a)). For those associations, it provides a defined records right:

"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)

Two things stand out: the 30-day outer limit, and the express extension of the right to potential purchasers as well as current members. The association may provide the records "in paper or electronic form" or direct the requester "to the location of any public record containing the records or information" (§ 35-20-13(a)).

Section 35-20-5 separately requires the organizational documents to provide for "full and complete financial records of the association available to any member at a reasonable time and place upon the payment of reasonable associated costs" (§ 35-20-5(c)(3)).

What records can I get from my HOA in Alabama?

For HOAs under the 2016 Act, Ala. Code § 35-20-13 lists ten categories, including current and pending assessments, the operating budget and reserve funds, a statement of financial condition for the last fiscal year, insurance coverage, loans, the current covenants and architectural control regulations, transfer fees, and pending lawsuits, judgments and liens that appear in a public record.

On a written request and payment of reasonable costs, § 35-20-13(b) requires the association to provide, or point the requester to the public record containing, these categories:

1. The most recent assessments, any pending assessments approved by the board but not yet in effect, and any mandatory dues and charges, with amounts and due dates
2. Common areas the association owns, and those it doesn't own but HOA dues go to pay for
3. "A copy of the current operating budget and reserve funds, if any, and a statement of financial condition for the last fiscal year"
4. Insurance coverage provided for all lot owners, including any fidelity bond
5. Loans against the association and any collateral for them
6. The association's official name and current contact information for its officers and agent
7. The current covenants, conditions, and restrictions with any amendments, plus current architectural control regulations
8. Initiation or transfer fees that may be due at closing
9. A list of all existing common areas
10. Identifying information for pending lawsuits, judgments, liens, arbitration, or other dispute processes the association is a party to that appear in a public record

Records frequently feed other disputes — questioning a fine or a lien starts with the underlying documents.

Governing documents on file with the Secretary of State

The Act also requires an HOA to file its bylaws or other governing documents and its original covenants, conditions, or restrictions with the Secretary of State (§ 35-20-5(b)(2)). The Secretary of State keeps them in an electronic database organized by association name and "accessible by the public through the Secretary of State's website" (§ 35-20-5(b)(3)).

Do older Alabama HOAs have to let owners see records?

It depends on the bylaws and whether the HOA is incorporated. If an Alabama HOA was created before January 1, 2016 and members haven't opted in, the 2016 Act generally doesn't apply. Bylaws may give inspection rights, and for nonprofit HOAs, Ala. Code § 10A-3A-4.02 conditions inspection on a signed written demand at least five business days in advance.

If your HOA was created before January 1, 2016 and its members haven't voted to opt in (§ 35-20-3(a)), the 2016 Act generally doesn't apply. Records access then comes from two other places:

• The declaration and bylaws — bylaws may give members inspection rights of their own.
• The Alabama Nonprofit Corporation Law (§§ 10A-3A-1.01 et seq.) — for HOAs incorporated as nonprofits, the corporate-law layer governs members' rights to inspect corporate records. Section 10A-3A-4.02 conditions inspection on a signed written demand at least five business days in advance. Act 2026-495, effective August 1, 2026, amended § 10A-3A-4.02: for financial statements, accounting records, board-minute excerpts, and the member list, a proper purpose now means "a purpose directly related to the member's interest as a member," and a demand is not for a proper purpose if the corporation "reasonably determines that the demand is in connection with an active or pending civil lawsuit" in which the corporation and the member (or their affiliates) are, or are expected to be, "adversarial named parties." The corporation may also redact portions "not directly related to the member's purpose" and may deny inspection to a member who improperly used records information within the prior two years (§ 10A-3A-4.02(d), (h)). The inspection right for those four categories "may be limited by a membership nonprofit corporation's certificate of incorporation" (§ 10A-3A-4.02(f)). A nonprofit that existed before August 1, 2026 may elect, on or before December 31, 2026, to stay under the prior version of the law by amending its certificate of incorporation to say so (Act 2026-495, § 7).

See Which Alabama Laws Govern Your HOA or Condo? for why the threshold question is so important.

What records can an Alabama condo owner inspect?

All financial and other records. Under Ala. Code § 35-8A-318, they must be made reasonably available for examination by any unit owner and the owner's authorized agents, in the county where the condominium is located, and a reasonable fee or hourly charge may be assessed. The 2016 HOA Act does not apply to condominiums.

The HOA Act does not apply to condominiums (§ 35-20-3(b)(2)). For condominiums, the Alabama Uniform Condominium Act of 1991 has its own records section, which also reaches condominiums created before 1991 for events after January 1, 1991 (§ 35-8A-102(a)):

"All financial and other records shall be made reasonably available for examination by any unit owner and his or her authorized agents and such records shall be made available in the county where the condominium is located. A reasonable fee or hourly charge may be assessed for this service." — Ala. Code § 35-8A-318

"Reasonable costs"

The HOA Act conditions access on payment of "reasonable associated costs." A charge that functions as a barrier rather than a copying cost is something an owner can question.

If records are withheld

For HOAs under the Act, § 35-20-13 makes records available on written request within 30 days — outright refusal or indefinite delay runs against the statute. The 30-day clock runs from "the date of the request," so the date of a written request matters. The Act also directs that its remedies "be liberally administered so that the aggrieved party is put in as good as a position as if the other party had fully performed" (§ 35-20-4(c)). For unresolved refusals, a licensed Alabama attorney can explain the enforcement options.

Sources

• Ala. Code § 35-20-3 — Applicability of chapter
• Ala. Code § 35-20-4 — Construction and administration of chapter
• Ala. Code § 35-20-5 — Organization of associations; organizational documents
• Ala. Code § 35-20-13 — Records
• Ala. Code § 35-8A-102 — Uniform Condominium Act applicability
• Ala. Code § 35-8A-318 — Association records (condominiums)
• Ala. Code § 10A-3A-1.01 — Alabama Nonprofit Corporation Law: short title and application
• Ala. Code § 10A-3A-4.02 — Inspection rights of members
• Act 2026-495 (HB 248) — enrolled text amending § 10A-3A-4.02, effective August 1, 2026