When Is an Alabama HOA Rule Unenforceable?

A board can announce a rule, but announcing it is not the same as being able to enforce it. In Alabama, a rule has to clear several hurdles before it binds a homeowner — and the hurdles look different depending on whether your community falls under the 2016 HOA Act or operates under older law. For your specific situation, a licensed Alabama attorney is the right resource. This is general information, not legal advice.

Where the rulemaking power comes from

For HOAs created on or after January 1, 2016, the Alabama Homeowners' Association Act (Ala. Code §§ 35-20-1 to 35-20-14) addresses the board's authority, including rulemaking power that must be exercised consistent with the governing documents and reasonably. For older HOAs, the rulemaking power comes from the declaration and bylaws, with the Alabama Nonprofit Corporation Law governing the corporation. Either way, a purported rule the board never validly adopted, or one that exceeds the authority in the declaration, stands on weaker ground.

Common reasons a rule may not be enforceable

Homeowners and attorneys often examine whether:

• The rule was properly adopted. Boards generally must follow the rulemaking procedure in the bylaws (and, for newer HOAs, in the Act and its required organizational documents). A rule announced informally may not have been validly enacted.
• The rule is consistent with the declaration. A rule cannot contradict the recorded declaration; where they conflict, the declaration generally controls.
• The rule (and any fine attached) is reasonable. § 35-20-11 ties board powers to reasonableness, and reasonableness runs through how courts evaluate restrictions generally.
• The rule collides with higher law. Federal law — for example the Fair Housing Act (disability accommodations, familial status), ADA, Servicemembers Civil Relief Act, OTARD (satellite antennas), or the Freedom to Display the American Flag Act — can override a conflicting HOA rule.

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.

Start with the actual documents

Because the Act sets a floor and leaves much to the declaration and bylaws, the first step when a rule seems questionable is reading the recorded documents and the adopted rule together. A records request under § 35-20-13 can reach the adopted rules, the minutes showing how (or whether) a rule was passed, and any fine schedule. If a fine is attached, see also Fighting an HOA Fine in Alabama.

Where to turn

When a homeowner believes a rule is invalid or is being enforced unevenly, the avenues include raising it with the board in writing, the courts (which under § 35-20 enforce the Act for newer HOAs), and a licensed Alabama attorney to evaluate whether a specific rule is enforceable against a specific owner.

Sources

• Ala. Code § 35-20-11 — Powers of board
• Ala. Code § 35-20-13 — Records
• Ala. Code Title 10A Chapter 3 — Alabama Nonprofit Corporation Law
• Fair Housing Act — U.S. Department of Housing and Urban Development