Alabama HOA & Condominium Law
19 active Alabama statutes govern homeowners associations and condominiums in the state. The corpus encodes 81 specific requirements across governance, finance, reserves, disclosure, and enforcement.
Resale Certificate Compliance
8 disclosures required
AL
A condominium in Alabama
is governed by
Ala. Code §35-8A-409
(Alabama Condominium Resale Certificate (§35-8A-409)).
Alabama law requires 8 specific disclosures when a unit is sold.
The certificate must be delivered within 15 days of request.
- Amount of periodic common expense assessment Ala. Code §35-8A-409(a)(1)
- Unpaid assessments or special charges against the unit Ala. Code §35-8A-409(a)(2)
- Most recent regularly prepared balance sheet and income and expense statement Ala. Code §35-8A-409(a)(3)
- Current operating budget Ala. Code §35-8A-409(a)(4)
- Pending lawsuits or judgments against the association Ala. Code §35-8A-409(a)(5)
- Insurance coverage provided for the benefit of unit owners Ala. Code §35-8A-409(a)(6)
- Leasehold terms and renewal provisions (if applicable) Ala. Code §35-8A-409(a)(7)
- Copy of declaration, bylaws, and rules and regulations Ala. Code §35-8A-409(a)
Alabama does not cap RC preparation fees by statute.
In CommunityPay, an association's manager, accounting firm, or staff generates the certificate from its books, with no per-certificate charge from CommunityPay.
What Alabama Law Requires
Governance (42)
- Notice must state the place (if any), day, and hour of the meeting; for a special meeting, the purpose or purposes for which it is called. Ala. Code §10A-3-2.03
- Notice must be delivered not less than 10 nor more than 60 days before the date of the meeting, unless the governing documents provide otherwise. Ala. Code §10A-3-2.03
- Notice is delivered by or at the direction of the president, the secretary, or the officers or persons calling the meeting, to each member entitled to vote at the meeting. Ala. Code §10A-3-2.03
- Not less than 10 nor more than 60 days before the date of the meeting Ala. Code §10A-3-2.03
- If the board of directors has authorized participation by means of remote communication pursuant to Section 10A-3A-2.02(d), (e), and (f), the notice to the members must describe the means of remote communication to be used. Ala. Code §10A-3-2.03
- Not less than 10 nor more than 60 days before the date of the meeting Ala. Code §10A-3-2.03
- Board powers, to the extent authorized by the declaration: (1) suspend member's right to use association-provided facilities or services for nonpayment (but may not deny access to the member's lot); (2) assess reasonable penalties for violations after notice and hearing with counsel. Ala. Code §35-20-11
- Board may take direct action against tenants for governing document violations. Ala. Code §35-20-11
- Before recording a lien statement, association must give 30 days' written notice by certified mail. Ala. Code §35-20-12
- Does NOT apply to commercial/industrial/nonresidential developments, condominiums regulated under Chapter 8 or 8A, real estate cooperatives, time-shares, or campgrounds. Ala. Code §35-20-3
- Applies to all residential developments with a recorded declaration providing for a homeowners' association, recorded on or after January 1, 2016. Ala. Code §35-20-3
- Pre-2016 associations may elect governance under this chapter by a majority vote of members. Ala. Code §35-20-3
- HOAs created on or after January 1, 2016 must be organized as nonprofit corporations under Chapter 3 of Title 10A. Ala. Code §35-20-5
- Organizational documents must provide for: member communication methods, meeting conduct rules, complete financial records accessible to members, common area use and maintenance rules with violation penalties, assessment payment statements, and annual budget submission to members. Ala. Code §35-20-5
- Secretary of State maintains a searchable public database. Ala. Code §35-20-5
- Must file articles of incorporation, bylaws, and CC&Rs with the judge of probate (transmitted to Secretary of State). Ala. Code §35-20-5
- Unlike the condo act (§35-8A-303), this section does NOT prescribe specific transition percentages, timelines, or mandatory turnover requirements. Ala. Code §35-20-7
- The declaration MAY provide for a period of declarant control over board elections and a right to alter the declaration. Ala. Code §35-20-7
- Developer transition is governed entirely by the governing documents, not by statute. Ala. Code §35-20-7
- PERMISSIVE, not mandatory. Ala. Code §35-20-7
- Notice must state the purpose, provide for nominations with consent of at least 10 percent of membership (unless otherwise specified), and list existing directors and those who may continue to serve. Ala. Code §35-20-9
- Within 120 days of members gaining the right to elect a board, the declarant must give written notice of a special meeting for board elections, per nonprofit corporation notice requirements (§10A-3-2.03). Ala. Code §35-20-9
- Condominiums with four or fewer units and no development rights may elect to be governed by prior law instead. Ala. Code §35-8A-102
- Applies to all condominiums created in Alabama after January 1, 1991. Ala. Code §35-8A-102
- Enumerates 15 powers of the unit owners' association including: adopting bylaws and rules; adopting budgets and collecting assessments (including for reserves); hiring and discharging agents; instituting litigation; making contracts; regulating common elements; granting easements; imposing late fees and fines; imposing reasonable charges for preparation of resale certificates and amendments; maintaining D&O liability insurance; and assigning future assessment income. Ala. Code §35-8A-302
- Declaration may not impose more restrictive limitations on dealings with the declarant than with other persons. Ala. Code §35-8A-302
- Declarant control terminates at the earliest of: (i) 60 days after conveyance of 75% of units to non-declarant owners; (ii) 2 years after all declarants cease offering units for sale in the ordinary course of business; (iii) 2 years after any development right to add new units was last exercised. Ala. Code §35-8A-303
- Establishes progressive developer transition for condominium associations. Ala. Code §35-8A-303
- Upon termination of declarant control, owners elect a board of at least three members. Ala. Code §35-8A-303
- Progressive board representation: within 90 days of 25% conveyance, at least 25% of board must be elected by non-declarant owners; within 90 days of 50% conveyance, at least 33-1/3% must be owner-elected. Ala. Code §35-8A-303
- 60 days after conveyance of 75 percent of the units which may be created to unit owners other than a declarant Ala. Code §35-8A-303 (d)
- Not less than 33 1/3 percent of the members of the board must be elected by unit owners other than the declarant Ala. Code §35-8A-303 (e)
- Not less than 25 percent of the members of the board must be elected by unit owners other than the declarant Ala. Code §35-8A-303 (e)
- Bylaws must address: number of board members and officer titles; election of president, treasurer, secretary; board member qualifications, authority, duties, tenure, selection, removal, and vacancy procedures; delegation of board or officer powers; which officers can prepare and record declaration amendments; and amendment method (required percentage may not exceed two-thirds). Ala. Code §35-8A-306
- Not less than 10 nor more than 60 days in advance of any meeting Ala. Code §35-8A-308
- mail to the mailing address of each unit or other designated address. Ala. Code §35-8A-308
- Notice must include time, place, and agenda items including the general nature of any proposed amendment, budget changes, and proposals to remove officers or board members. Ala. Code §35-8A-308
- Not less than 10 nor more than 60 days in advance of any meeting Ala. Code §35-8A-308
- 20 percent, or any lower percentage specified in the bylaws, of the votes Ala. Code §35-8A-308
- Requires at least one annual meeting. Ala. Code §35-8A-308
- Notice of 10 to 60 days in advance, hand-delivered or sent prepaid by U.S. Ala. Code §35-8A-308
- The association may assess expenses caused by individual owner misconduct exclusively against that owner's unit after notice and hearing opportunity. Ala. Code §35-8A-315
Financial (2)
- Required disclosures include: current and pending assessments, common areas owned or funded, current operating budget and reserve funds, insurance coverage, outstanding loans and collateral, current officer contact information, current CC&Rs, transfer or initiation fees due at closing, complete listing of common areas, and pending lawsuits, judgments, liens, or arbitration. Ala. Code §35-20-13
- Six-month super-priority: the lien is prior to first mortgages to the extent of common expense assessments that would have accrued during the six months immediately preceding the association's enforcement action or mortgage foreclosure (excluding attorney fees and costs). Ala. Code §35-8A-316
Assessment (13)
- Lien arises on the date the assessment is due. Ala. Code §35-20-12
- Priority is AFTER state and county ad valorem taxes, municipal improvement assessments, UCC fixture filings, mortgages, and deeds of trust — meaning there is NO super-priority over first mortgages (unlike the condo act). Ala. Code §35-20-12
- The court in which the action is pending may enforce the lien by a sale of the property after the giving of notice Ala. Code §35-20-12
- Within 12 months from the date any assessment becomes due Ala. Code §35-20-12
- At least 30 days prior to recording a statement of lien Ala. Code §35-20-12
- Past-due assessments accrue interest at the rate established by the association, not exceeding 18 percent per year. Ala. Code §35-8A-315
- Assessments must be made at least annually based on an annually adopted budget. Ala. Code §35-8A-315
- Expenses benefiting fewer than all units may be assessed only to the benefited units. Ala. Code §35-8A-315
- Interest at the rate established by the association not exceeding 18 percent per year Ala. Code §35-8A-315 (b)
- Association has a lien on each unit for assessments, special assessments, fines, and charges from the date they become due. Ala. Code §35-8A-316
- Common expense assessments based on the periodic budget which would have become due in the absence of acceleration during the six months immediately preceding Ala. Code §35-8A-316 (b)
- Unless proceedings to enforce the lien are instituted within three years after the full amount of the assessments becomes due Ala. Code §35-8A-316 (e)
- The association must respond within 10 business days Ala. Code §35-8A-316 (h)
Disclosure (10)
- This serves as the de facto disclosure mechanism for HOA lot sales — Alabama has NO separate resale certificate requirement for non-condo HOAs. Ala. Code §35-20-13
- Article 4 (purchaser protection) applies to all units subject to the act. Ala. Code §35-8A-401
- Neither an offering statement nor a resale certificate is required for these exempt transactions. Ala. Code §35-8A-401
- Owner must deliver within 15 days of request. Ala. Code §35-8A-409
- Association must furnish the certificate to the unit owner within 10 days of owner's request. Ala. Code §35-8A-409
- Purchaser must request within 14 days of signing. Ala. Code §35-8A-409
- Requires unit owners to furnish purchasers with the declaration, bylaws, rules, and a certificate containing assessment amounts, unpaid balances, budget, financial statements, pending litigation, insurance coverage, and leasehold terms. Ala. Code §35-8A-409
- Before the conveyance and in any event within 15 days of receipt of the written request Ala. Code §35-8A-409 (a)
- Within 10 days after a request by a unit owner Ala. Code §35-8A-409 (b)
- Voidable by the purchaser until the requested information has been provided and for five days thereafter or until conveyance, whichever first occurs Ala. Code §35-8A-409 (c)
Records (4)
- Within 30 days of the date of the request Ala. Code §35-20-13
- Upon written request by a member or potential purchaser (and upon payment of reasonable costs), the association must provide or direct the requestor to records within 30 days. Ala. Code §35-20-13
- Requires the association to maintain detailed financial records, meeting minutes, and other records. Ala. Code §35-8A-318
- Records must be made available for examination and copying by unit owners and their authorized agents. Ala. Code §35-8A-318
Enforcement (6)
- Penalties assessed become assessments under §35-20-12 (lien provisions). Ala. Code §35-20-11
- Lien must be recorded within 12 months of the assessment becoming due, as a verified statement in the probate judge's office. Ala. Code §35-20-12
- Specified sections (including assessment liens §35-8A-316 and resales §35-8A-409) apply retroactively to pre-1991 condominiums for events and circumstances occurring after January 1, 1991. Ala. Code §35-8A-102
- Foreclosure "in like manner as a mortgage on real estate." Enforcement must be instituted within three years of the full assessment becoming due. Ala. Code §35-8A-316
- Lien is prior to all liens except those recorded before the declaration, first mortgages recorded before delinquency, and government tax liens. Ala. Code §35-8A-316
- Exceptions: dispositions to persons in the business of selling real estate (with transferred disclosure responsibility), contracts cancellable at any time without penalty, and time-share interests. Ala. Code §35-8A-401
Insurance (4)
- For buildings with horizontal boundaries, insurance must include units but need not cover owner-installed improvements. Ala. Code §35-8A-313
- Board determines liability insurance amount. Ala. Code §35-8A-313
- Association must maintain property insurance on common elements from first unit conveyance to non-declarant, covering not less than the greater of 80 percent of actual cash value or sufficient to avoid co-insurance penalties (excluding land, excavation, and foundations). Ala. Code §35-8A-313
- Policies must name unit owners as insured persons for common element liability, waive subrogation against unit owners, and provide primary coverage. Ala. Code §35-8A-313
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Assessment Collection
9
Governance Documents
4
Insurance Requirements
4
Resale Disclosure
4
Elections and Voting
3
Enforcement and Fines
3
Foreclosure and Liens
3
Meetings and Notice
3
Records Access and Inspection
3
Developer Transition
2
Fiduciary Duty
2
Reserve Requirements
2
Dispute Resolution
1
HOA/CIC Registration
1
Each chip links to the Alabama statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
All Alabama authorities →
Alabama Nonprofit Corporation Law — Notice of Members' Meetings
Unless the governing documents provide otherwise, notice stating the place (if any), day, and hour of the meeting — and, for a special meeting, the purpose or purposes for which it is called — must be delivered not less than 10 nor more than 60 days before the meeting, by or at the direction of the president, the secretary, or the officers or persons calling the meeting, to each member entitled to vote. Where the board has authorized participation by remote communication under §10A-3A-2.02(d), (e), and (f), the notice must describe the means of remote communication to be used. This section governs HOA meeting notice because the Alabama HOA Act (§35-20-5) requires HOAs to organize as nonprofit corporations under Chapter 3 of Title 10A.
Alabama Homeowners' Association Act — Powers of Board
Board powers, to the extent authorized by the declaration: (1) suspend member's right to use association-provided facilities or services for nonpayment (but may not deny access to the member's lot); (2) assess reasonable penalties for violations after notice and hearing with counsel. Board may take direct action against tenants for governing document violations. Penalties assessed become assessments under §35-20-12 (lien provisions).
Alabama Homeowners' Association Act — Liens for Unpaid Assessments
Lien arises on the date the assessment is due. Priority is AFTER state and county ad valorem taxes, municipal improvement assessments, UCC fixture filings, mortgages, and deeds of trust — meaning there is NO super-priority over first mortgages (unlike the condo act). Before recording a lien statement, association must give 30 days' written notice by certified mail. Lien must be recorded within 12 months of the assessment becoming due, as a verified statement in the probate judge's office. Foreclosure is judicial — the association brings a court action with verified complaint, and the court enforces the lien by sale after notice (publication once weekly for three successive weeks in a county newspaper).
Alabama Homeowners' Association Act — Records
Upon written request by a member or potential purchaser (and upon payment of reasonable costs), the association must provide or direct the requestor to records within 30 days. Required disclosures include: current and pending assessments, common areas owned or funded, current operating budget and reserve funds, insurance coverage, outstanding loans and collateral, current officer contact information, current CC&Rs, transfer or initiation fees due at closing, complete listing of common areas, and pending lawsuits, judgments, liens, or arbitration. This serves as the de facto disclosure mechanism for HOA lot sales — Alabama has NO separate resale certificate requirement for non-condo HOAs.
Alabama Homeowners' Association Act — Applicability
Applies to all residential developments with a recorded declaration providing for a homeowners' association, recorded on or after January 1, 2016. Pre-2016 associations may elect governance under this chapter by a majority vote of members. Does NOT apply to commercial/industrial/nonresidential developments, condominiums regulated under Chapter 8 or 8A, real estate cooperatives, time-shares, or campgrounds.
Alabama Homeowners' Association Act — Organization; Filing Requirements
HOAs created on or after January 1, 2016 must be organized as nonprofit corporations under Chapter 3 of Title 10A. Must file articles of incorporation, bylaws, and CC&Rs with the judge of probate (transmitted to Secretary of State). Organizational documents must provide for: member communication methods, meeting conduct rules, complete financial records accessible to members, common area use and maintenance rules with violation penalties, assessment payment statements, and annual budget submission to members. Secretary of State maintains a searchable public database.
Alabama Homeowners' Association Act — Election of Board; Modification of Declaration
PERMISSIVE, not mandatory. The declaration MAY provide for a period of declarant control over board elections and a right to alter the declaration. Unlike the condo act (§35-8A-303), this section does NOT prescribe specific transition percentages, timelines, or mandatory turnover requirements. Developer transition is governed entirely by the governing documents, not by statute.
Alabama Homeowners' Association Act — Notice of Election
Within 120 days of members gaining the right to elect a board, the declarant must give written notice of a special meeting for board elections, per nonprofit corporation notice requirements (§10A-3-2.03). Notice must state the purpose, provide for nominations with consent of at least 10 percent of membership (unless otherwise specified), and list existing directors and those who may continue to serve.
Alabama Uniform Condominium Act — Applicability
Applies to all condominiums created in Alabama after January 1, 1991. Specified sections (including assessment liens §35-8A-316 and resales §35-8A-409) apply retroactively to pre-1991 condominiums for events and circumstances occurring after January 1, 1991. Condominiums with four or fewer units and no development rights may elect to be governed by prior law instead.
Alabama Uniform Condominium Act — Powers of Unit Owners' Association
Enumerates 15 powers of the unit owners' association including: adopting bylaws and rules; adopting budgets and collecting assessments (including for reserves); hiring and discharging agents; instituting litigation; making contracts; regulating common elements; granting easements; imposing late fees and fines; imposing reasonable charges for preparation of resale certificates and amendments; maintaining D&O liability insurance; and assigning future assessment income. Declaration may not impose more restrictive limitations on dealings with the declarant than with other persons.
Alabama Uniform Condominium Act — Board Members and Officers
Establishes progressive developer transition for condominium associations. Declarant control terminates at the earliest of: (i) 60 days after conveyance of 75% of units to non-declarant owners; (ii) 2 years after all declarants cease offering units for sale in the ordinary course of business; (iii) 2 years after any development right to add new units was last exercised. Progressive board representation: within 90 days of 25% conveyance, at least 25% of board must be elected by non-declarant owners; within 90 days of 50% conveyance, at least 33-1/3% must be owner-elected. Upon termination of declarant control, owners elect a board of at least three members.
Alabama Uniform Condominium Act — Bylaws
Bylaws must address: number of board members and officer titles; election of president, treasurer, secretary; board member qualifications, authority, duties, tenure, selection, removal, and vacancy procedures; delegation of board or officer powers; which officers can prepare and record declaration amendments; and amendment method (required percentage may not exceed two-thirds).
Alabama Uniform Condominium Act — Meetings
Requires at least one annual meeting. Notice of 10 to 60 days in advance, hand-delivered or sent prepaid by U.S. mail to the mailing address of each unit or other designated address. Notice must include time, place, and agenda items including the general nature of any proposed amendment, budget changes, and proposals to remove officers or board members. Special meetings may be called by the president, a majority of board members, or unit owners representing 20 percent of votes (or a lower percentage specified in the bylaws).
Alabama Uniform Condominium Act — Insurance
Association must maintain property insurance on common elements from first unit conveyance to non-declarant, covering not less than the greater of 80 percent of actual cash value or sufficient to avoid co-insurance penalties (excluding land, excavation, and foundations). For buildings with horizontal boundaries, insurance must include units but need not cover owner-installed improvements. Board determines liability insurance amount. Policies must name unit owners as insured persons for common element liability, waive subrogation against unit owners, and provide primary coverage. Insurer must give 30 days' cancellation or non-renewal notice. No fidelity bond requirement in this section.
Alabama Uniform Condominium Act — Assessments for Common Expenses
Assessments must be made at least annually based on an annually adopted budget. Past-due assessments accrue interest at the rate established by the association, not exceeding 18 percent per year. Expenses benefiting fewer than all units may be assessed only to the benefited units. The association may assess expenses caused by individual owner misconduct exclusively against that owner's unit after notice and hearing opportunity. No reserve study mandate. No reserve fund minimum. The statute authorizes budgets for "revenues, expenditures, and reserves" but does not prescribe reserve funding levels.
Alabama Uniform Condominium Act — Lien for Assessments
Association has a lien on each unit for assessments, special assessments, fines, and charges from the date they become due. Lien is prior to all liens except those recorded before the declaration, first mortgages recorded before delinquency, and government tax liens. Six-month super-priority: the lien is prior to first mortgages to the extent of common expense assessments that would have accrued during the six months immediately preceding the association's enforcement action or mortgage foreclosure (excluding attorney fees and costs). Foreclosure "in like manner as a mortgage on real estate." Enforcement must be instituted within three years of the full assessment becoming due. Unit owners, mortgagees, or purchasers may request an assessment statement; the association must respond within 10 business days or forfeits the lien for that amount. Prevailing party recovers reasonable attorney fees.
Alabama Uniform Condominium Act — Association Records
Requires the association to maintain detailed financial records, meeting minutes, and other records. Records must be made available for examination and copying by unit owners and their authorized agents.
Alabama Uniform Condominium Act — Purchaser Protection Applicability; Waiver
Article 4 (purchaser protection) applies to all units subject to the act. Exceptions: dispositions to persons in the business of selling real estate (with transferred disclosure responsibility), contracts cancellable at any time without penalty, and time-share interests. Neither an offering statement nor a resale certificate is required for these exempt transactions.
Alabama Uniform Condominium Act — Resales of Units
Requires unit owners to furnish purchasers with the declaration, bylaws, rules, and a certificate containing assessment amounts, unpaid balances, budget, financial statements, pending litigation, insurance coverage, and leasehold terms. Purchaser must request within 14 days of signing. Owner must deliver within 15 days of request. Association must furnish the certificate to the unit owner within 10 days of owner's request. Purchaser not liable for unpaid assessments exceeding the certificate amount. Contract voidable by purchaser until information provided and for 5 days thereafter or until conveyance, whichever first occurs. No statutory fee cap — §35-8A-302(a)(12) authorizes "reasonable charges" for preparation.
Source: Alabama state legislature. Statutes verified by CommunityPay. Last verified April 2026.
Pending & Recent Alabama HOA Legislation
Last action: Jan 15, 2026
Last action: Jan 13, 2026
3 HOA-relevant bills tracked for Alabama · refreshed Oct 3, 2026 · Source: LegiScan
Alabama HOA Fee Benchmark
$304
Avg Median Monthly Fee
$30 – $765
County Range
16739
Units Paying HOA Fees
Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 61 counties with data.
Communities by City
Florence
44
Muscle Shoals
11
Birmingham
6
Mobile
6
Montgomery
6
Tuscumbia
5
Sheffield
3
Anniston
2
Bessemer
2
Pelham
2
Shoal Creek
2
Tuscaloosa
2
Wetumpka
2
Ashville
1
Athens
1
Chelsea
1
Cottondale
1
Dadeville
1
Decatur
1
Dothan
1
Gadsden
1
Gulf Shores
1
Harvest
1
Hoover
1
Killen
1
Leeds
1
Livingston
1
Mentone
1
Montevallo
1
Moulton
1
Moundville
1
Northport
1
Odenville
1
Phenix City
1
Selma
1
Semmes
1
Shelby
1
Wedowee
1
Wilsonville
1
Free download · Email gated
Download the Alabama HOA & Condo Compliance Checklist
One PDF — every active Alabama statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
No spam. CommunityPay uses your email to send the checklist and one follow-up at most.
Data sourced from Alabama Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
United States Payments and Accounting Governance Infrastructure for Community Associations