Alabama HOA & Condo Laws

Assessment Collection Compare across states →

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 …

Ala. Code §35-20-11

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 …

Ala. Code §35-20-12

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, …

Ala. Code §35-20-13

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 …

Ala. Code §35-20-5

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, …

Ala. Code §35-8A-102

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 …

Ala. Code §35-8A-302

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; …

Ala. Code §35-8A-315

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 …

Ala. Code §35-8A-316

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 …

Ala. Code §35-8A-409

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 …

Reserve Requirements Compare across states →

Statutory requirements for reserve studies, reserve funding, component inventory, funding plans, and board fiduciary duty regarding major repair and replacement obligations.

Ala. Code §35-20-13

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 …

Ala. Code §35-8A-315

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 …

Meetings and Notice Compare across states →

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.

Ala. Code §10A-3-2.03

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 …

Ala. Code §35-20-9

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, …

Ala. Code §35-8A-308

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 …

Elections and Voting Compare across states →

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

Ala. Code §35-20-7

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 …

Ala. Code §35-20-9

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, …

Ala. Code §35-8A-306

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 …

Records Access and Inspection Compare across states →

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.

Ala. Code §35-20-13

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 …

Ala. Code §35-20-5

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, …

Ala. Code §35-8A-318

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 …

Enforcement and Fines Compare across states →

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.

Ala. Code §35-8A-302

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; …

Ala. Code §35-8A-316

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 …

Ala. Code §35-8A-401

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 Disclosure Compare across states →

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.

Ala. Code §35-20-13

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 …

Ala. Code §35-8A-302

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; …

Ala. Code §35-8A-401

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 …

Ala. Code §35-8A-409

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 …

Insurance Requirements Compare across states →

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.

Ala. Code §35-20-13

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 …

Ala. Code §35-8A-302

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; …

Ala. Code §35-8A-313

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 …

Ala. Code §35-8A-409

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 …

Fiduciary Duty Compare across states →

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 …

Ala. Code §35-20-11

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 …

Ala. Code §35-8A-302

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; …

Governance Documents Compare across states →

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.

Ala. Code §35-20-3

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 …

Ala. Code §35-20-5

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, …

Ala. Code §35-8A-102

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 …

Ala. Code §35-8A-306

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 …

Foreclosure and Liens Compare across states →

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.

Ala. Code §35-20-12

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, …

Ala. Code §35-8A-102

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 …

Ala. Code §35-8A-316

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 …

Dispute Resolution Compare across states →

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.

Ala. Code §35-20-13

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 …

Developer Transition Compare across states →

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.

Ala. Code §35-20-7

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 …

Ala. Code §35-8A-303

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 …

HOA/CIC Registration Compare across states →

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.

Ala. Code §35-20-5

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, …

Legal Facts by Category
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)
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)
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
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
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
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
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
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
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
Legal references last verified April 15, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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