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 the most important threshold question in Alabama is when your community was created. Several statutes operate together, and the right combination depends on the community's age and how it's organized. For your specific situation, a licensed Alabama attorney is the right resource. This is general information, not legal advice.

The 2016 line for HOAs

Alabama's main HOA statute is the Alabama Homeowners' Association Act, Ala. Code §§ 35-20-1 to 35-20-14. By its own terms, it applies only to HOAs created on or after January 1, 2016. If your community is older than that, 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-3-1.01 et seq.) if the HOA is incorporated as a nonprofit
• General Alabama contract and property law

For newer HOAs that fall under the Act, § 35-20 supplies organizational requirements, records access, board powers, the assessment lien, and more.

The 1991 line for condominiums

Condominiums have their own threshold:

• Alabama Uniform Condominium Act, Ala. Code §§ 35-8A-101 to 35-8A-417 — condominiums created on or after January 1, 1991.
• Alabama Condominium Ownership Act, Ala. Code § 35-8 — older condominiums created before that date.

The two condo statutes are not interchangeable, and they're different again from the HOA Act.

The entity layer

Whether old or new, most Alabama HOAs are incorporated as nonprofits under the Alabama Nonprofit Corporation Law (§§ 10A-3-1.01 et seq.). That layer governs how the corporation runs — board authority, member rights, voting, meetings — and it operates alongside whichever property statute applies. For pre-2016 HOAs, it often does most of the heavy lifting because the HOA Act doesn't apply.

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 typically 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 post-2016 HOAs, 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-3-1.01 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 Title 35 Chapter 20 — Alabama Homeowners' Association Act (full chapter)
• Ala. Code § 35-20-5 — Organization; financial records
• Ala. Code Title 35 Chapter 8A — Alabama Uniform Condominium Act
• Ala. Code Title 10A Chapter 3 — Alabama Nonprofit Corporation Law