Fighting an HOA Fine in Alabama: What Governs the Power

A fine from an Alabama association can feel non-negotiable, but the fine power isn't unlimited and isn't the same for every community. The main state law for newer HOAs is the Alabama Homeowners' Association Act, Ala. Code §§ 35-20-1 to 35-20-14. It applies to developments whose declaration was recorded on or after January 1, 2016, and to an older association only if the association, "by a majority of its members, elects to be governed by this chapter" (§ 35-20-3(a)). Older HOAs that haven't opted in are governed primarily by their declaration and other governing documents, plus the Alabama Nonprofit Corporation Law if the association is incorporated. Condominiums follow a separate statute, covered below. For your specific situation, a licensed Alabama attorney is the right resource. This is general information, not legal advice.

Can my HOA fine me without a hearing in Alabama?

Not if your HOA is under the Alabama Homeowners' Association Act. Under Ala. Code § 35-20-11(a)(2), to the extent the declaration and governing documents authorize it, the board may assess reasonable penalties only after the member gets the opportunity to be heard and represented by counsel before the board. Any member notice procedure comes from the declaration, bylaws, or rules.

For HOAs under the Act, § 35-20-11(a) gives the board two enforcement powers, each only "to the extent authorized by the declaration and governing documents":

• Suspension. The board may suspend a member's right to use facilities or services provided directly through the association for nonpayment of assessments, "to the extent that access to the member's lot is not denied" (§ 35-20-11(a)(1)).
• Penalties. The board may assess reasonable penalties for violations of the declaration or board-adopted rules, but only after a hearing step the statute spells out.

"Assess reasonable penalties against a member for any violation of the declaration or rules adopted by the board of directors after the member is afforded the opportunity to be heard and represented by counsel before the board of directors." — Ala. Code § 35-20-11(a)(2)

So the statutory floor is not just a chance to respond — it includes the opportunity to be heard and represented by counsel before the board. The section does not spell out a written-notice step for members. It does for tenants: the board may penalize a tenant directly "after giving notice to the tenant and member and an opportunity to be heard before the board of directors" (§ 35-20-11(b)(2)). For members, any notice procedure comes from the declaration, bylaws, or rules.

The same section provides that "the amount of any penalty assessed under this section shall be considered an assessment for purposes of Section 35-20-12" (§ 35-20-11(c)). Section 35-20-12 is the section that creates the association's lien, so an unpaid fine ties into the assessment-lien framework.

The statute doesn't define "reasonable." A penalty far out of proportion to the alleged violation, one not traceable to the declaration or an adopted rule, or one imposed without the hearing opportunity the section describes raises questions worth putting to a licensed attorney.

The bylaws and rules still matter

The Act sets a floor; the declaration, bylaws, and any duly adopted rules fill in the detail — including any fine schedule and the hearing procedure. Section 35-20-5(c)(4) requires an HOA's organizational documents to provide for "reasonable rules and regulations for the use, maintenance, repair, replacement, or modification of any common areas, if any, including penalties for violations." An association that ignores its own stated process has a separate problem beyond the statute. People challenging a fine commonly request the adopted rule and fine schedule in writing. Federal law, such as the Fair Housing Act, also applies on top of the statute and the documents.

Does Alabama's HOA Act cover fines in older HOAs?

Not unless members opt in. If the declaration was recorded before 2016 and members haven't voted to opt in under Ala. Code § 35-20-3(a), the HOA Act doesn't apply. The fine power and any limit on it then come from the declaration and bylaws, plus the Alabama Nonprofit Corporation Law (§ 10A-3A-1.01 et seq.) for a nonprofit corporation.

If your HOA's declaration was recorded before 2016 and its members haven't voted to opt in (§ 35-20-3(a)), the HOA Act doesn't apply. The fine power — and any limit on it — comes from the declaration and bylaws. If the association is a nonprofit corporation, the Alabama Nonprofit Corporation Law (§ 10A-3A-1.01 et seq.) also governs how the corporation and its board operate. The leverage points shift to whether the fine is actually authorized by the documents and whether the board followed its own procedure.

Can my condo association fine me without a hearing in Alabama?

Not without notice and an opportunity to be heard. Condos fall under the Uniform Condominium Act of 1991, not the HOA Act, and subject to the declaration, Ala. Code § 35-8A-302(a)(11) lets a condo association levy reasonable fines only after that notice and opportunity. For older condominiums, it reaches only events and circumstances occurring after January 1, 1991.

The HOA Act does not apply to "any association that is subject to regulation under Chapters 8 or 8A of this title" (§ 35-20-3(b)(2)) — Alabama's condominium statutes. Under the Alabama Uniform Condominium Act of 1991, and subject to the declaration, a condo association may:

"Impose against owners of units charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association" — Ala. Code § 35-8A-302(a)(11)

That power covers condominiums created after January 1, 1991. Section 35-8A-102(a) extends it to older condominiums as well, but "only with respect to events and circumstances occurring after January 1, 1991." Unless the declaration provides otherwise, fines under (a)(11) "are enforceable as assessments" under the condo lien section, § 35-8A-316(a). See Condo vs. HOA in Alabama: Which Law Applies? for how to tell which statute fits a given community.

Selective enforcement

Even a valid rule can fail in the way it's applied. When an association enforces a restriction against one owner while ignoring identical conduct elsewhere, that uneven enforcement can raise a selective enforcement problem. Owners commonly document neighbors with the same condition who were never cited — photos, dates, and addresses.

Can I get records about my HOA fine in Alabama?

Yes, if your HOA is under the HOA Act. Ala. Code § 35-20-13(a) requires the association to make its records and information available to a member on written request within a reasonable time not to exceed 30 days, upon payment of reasonable associated costs. For an older, incorporated HOA, inspection rights come from the bylaws and the Nonprofit Corporation Law.

For HOAs under the Act, § 35-20-13(a) requires the association to make its records and information available to a member on 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." The list in § 35-20-13(b) includes the current covenants, conditions, and restrictions with any amendments, and the current architectural control regulations (see Getting Your HOA's Records in Alabama). For an older, incorporated HOA, member inspection rights come from the bylaws and the Nonprofit Corporation Law. Either way, the governing documents and any adopted fine schedule are the starting point.

Where this can go

If a fine cannot be resolved with the board, the avenues include the association's records, the courts, and a licensed Alabama attorney to evaluate whether a particular fine is authorized, reasonable, and properly imposed.

Sources

• Ala. Code § 35-20-3 — Applicability of chapter
• Ala. Code § 35-20-5 — Organization of associations
• Ala. Code § 35-20-11 — Powers of board
• Ala. Code § 35-20-13 — Records
• Ala. Code § 35-8A-102 — Applicability of the Alabama Uniform Condominium Act of 1991
• Ala. Code § 35-8A-302 — Powers of unit owners' association
• Ala. Code § 35-8A-316 — Lien for assessments
• Ala. Code § 10A-3A-1.01 — Alabama Nonprofit Corporation Law: short title and application