Alabama HOA & Condo Laws
How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …
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 …
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, …
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 …
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, …
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 …
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; …
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 …
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 …
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 …
Statutory requirements for reserve studies, reserve funding, component inventory, funding plans, and board fiduciary duty regarding major repair and replacement obligations.
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 …
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 …
Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.
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 …
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, …
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 …
Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.
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 …
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, …
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 …
Unit owner rights to inspect association records — financial statements, meeting minutes, governing documents, contracts, and correspondence. Response timelines, allowable copying fees, and executive session materials exceptions.
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 …
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, …
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 …
Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.
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; …
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 …
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 …
Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.
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 …
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; …
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 …
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 …
Statutory insurance requirements for HOAs and condominiums — property insurance, liability coverage, directors and officers, fidelity bonds, flood insurance, and cyber liability. Coverage minimums, deductible assessments, and claims procedures.
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 …
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; …
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 …
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 …
Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …
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 …
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; …
The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.
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 …
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, …
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 …
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 …
Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.
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, …
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 …
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 …
Mandatory and optional alternative dispute resolution procedures — internal dispute resolution, mediation, arbitration, and limitations on litigation. Covers meet-and-confer requirements, mediation timelines, and enforcement of ADR outcomes.
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 …
The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.
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 …
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 …
State requirements for community association registration, annual reporting, and regulatory filing. Which state agency oversees HOAs, what information must be filed, filing fees, and consequences of non-registration.
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, …
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