Which Alabama Laws Actually Govern Your HOA or Condo?

Before you can hold an Alabama association to the law, it helps to know which law applies — and in Alabama a key threshold question is when your community was created. Several statutes operate together, and the right combination depends on the community's age, whether it is a condominium, and how it's organized. For your specific situation, a licensed Alabama attorney is the right resource. This is general information, not legal advice.

Does Alabama have an HOA law?

Yes, but not for every HOA. The Alabama Homeowners' Association Act, the state's main HOA statute, covers developments whose declaration was recorded on or after January 1, 2016, and older associations whose members opt in by majority vote (Ala. Code § 35-20-3), except nonresidential, condo-regulated, cooperative, time-share and campground communities. Others rely on their declaration, bylaws and, if incorporated, nonprofit law.

Alabama's main HOA statute is the Alabama Homeowners' Association Act, Ala. Code §§ 35-20-1 to 35-20-14. By its own terms (§ 35-20-3(a)), 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." The Act also lists what it never covers:

"(1) A development for commercial, industrial, or other nonresidential use. (2) Any association that is subject to regulation under Chapters 8 or 8A of this title. (3) A real estate cooperative, time-share development, or campground." — Ala. Code § 35-20-3(b)

If your HOA is older than 2016 and hasn't opted in, the Act generally does not apply, and the governing framework instead comes from:

• The recorded declaration and bylaws
• The Alabama Nonprofit Corporation Law (Ala. Code §§ 10A-3A-1.01 et seq.) if the HOA is incorporated as a nonprofit
• General Alabama contract and property law

For HOAs that fall under the Act, § 35-20 supplies organizational requirements, records access, board powers, the assessment lien, and more. It is not a stand-alone code: "the law of nonprofit corporations in Chapter 3 of Title 10A, the law of real estate," and other principles of law and equity "supplement this chapter, except to the extent inconsistent with this chapter" (§ 35-20-4(a)). Where the declaration and the other governing documents conflict, "the declaration prevails, except to the extent that the declaration is inconsistent with this chapter" (§ 35-20-8).

Do Alabama condos follow a different law than HOAs?

Yes. Condominiums created after January 1, 1991 generally fall under the Alabama Uniform Condominium Act of 1991 (Ala. Code § 35-8A-102); older ones fall under the Condominium Ownership Act (Ala. Code § 35-8-1 et seq.), with several 1991-Act sections also reaching them for later events. The HOA Act excludes associations regulated under either condo statute.

Condominiums have their own threshold:

• Alabama Uniform Condominium Act of 1991, Ala. Code §§ 35-8A-101 to 35-8A-417 — "applies to all condominiums created within this state after January 1, 1991" (§ 35-8A-102(a)). Several of its sections — including the fine power (§ 35-8A-302(a)(11)), the assessment lien (§ 35-8A-316), and records access (§ 35-8A-318) — also apply to older condominiums, but only "with respect to events and circumstances occurring after January 1, 1991," and they do not invalidate existing provisions of those condominiums' declarations and bylaws (§ 35-8A-102(a)).
• Condominium Ownership Act, Ala. Code §§ 35-8-1 to 35-8-22 — condominiums created before that date. It does not apply to a newer condominium unless the declaration so provides for one of four or fewer units (§ 35-8A-102(b)); a condominium of no more than four units with no development rights may be created under either act, and its declaration names which one governs (§ 35-8A-102(d)).

The two condo statutes are not interchangeable, and the HOA Act expressly excludes associations regulated under either of them (§ 35-20-3(b)(2)).

The entity layer

For HOAs created under the Act, incorporation is not optional:

"On or after January 1, 2016, a homeowners' association created pursuant to a declaration shall be organized as a nonprofit corporation pursuant to Chapter 3 of Title 10A, and shall be governed in all respects as a nonprofit corporation." — Ala. Code § 35-20-5(a)

Chapter 3A of Title 10A "may be cited as the Alabama Nonprofit Corporation Law" (§ 10A-3A-1.01(a)), and it applies to nonprofit corporations organized under it and to those organized under earlier, repealed acts (§ 10A-3A-1.01(b)). That layer governs how the corporation runs — board authority, member rights, voting, meetings — alongside whichever property statute applies. For a pre-2016 HOA that is incorporated and hasn't opted in, it is the main statutory layer, because the HOA Act doesn't apply. Whether an older HOA is incorporated at all depends on how it was set up; its governing documents (and, for an incorporated HOA, its certificate of incorporation) show that.

Federal law

Federal protections apply across the board:

• Fair Housing Act — disability accommodations, familial status, anti-discrimination
• ADA — accessibility in common areas open to the public
• Servicemembers Civil Relief Act — protections for active-duty servicemembers
• OTARD (FCC rule) — protection for certain satellite/antenna installations
• Freedom to Display the American Flag Act — limits on flag restrictions

The full Alabama stack

Putting it together, an Alabama homeowner's rights can come from several layers at once:

1. The governing documents — the recorded declaration, bylaws, and rules.
2. The property statute — the HOA Act (§ 35-20) for HOAs created on or after January 1, 2016 or that opted in, the Uniform Condominium Act (§ 35-8A) for post-1991 condos, or the older Condominium Ownership Act (§ 35-8) for older condos.
3. The entity law — the Alabama Nonprofit Corporation Law (§§ 10A-3A-1.01 et seq.) if incorporated.
4. Federal law — FHA, ADA, SCRA, OTARD, Flag Act.

Because the right combination depends on dates and documents, a licensed Alabama attorney is the foundation for any specific question — from records to fines to the assessment lien.

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 § 35-20-4 — Construction and administration of chapter
• Ala. Code § 35-20-5 — Organization of associations; organizational documents
• Ala. Code § 35-20-8 — Priority of declaration
• Ala. Code § 35-8A-101 — Short title (Alabama Uniform Condominium Act of 1991)
• Ala. Code § 35-8A-102 — Uniform Condominium Act applicability
• Ala. Code § 35-8-1 — Short title (Condominium Ownership Act)
• Ala. Code § 10A-3A-1.01 — Alabama Nonprofit Corporation Law: short title and application