HOA rules in Alabama

Alabama splits homeowners' associations and condominiums. Residential developments with a recorded declaration providing for an HOA, recorded on or after January 1, 2016, are under the Alabama Homeowners' Association Act, Title 35, Chapter 20 (older associations may elect coverage by majority vote). Chapter 20 does not apply to condominiums regulated under Chapters 8 or 8A (§ 35-20-3). Condominiums created after January 1, 1991 are generally under the Alabama Uniform Condominium Act, Chapter 8A. Confirm which chapter applies, then confirm the current Code text and your documents. Associations formed on or after January 1, 2016 must organize as nonprofit corporations and file HOA materials with the Secretary of State. This page is general information, not legal advice.

Under § 35-20-11, the board may assess reasonable penalties for declaration or rule violations after the member is afforded the opportunity to be heard and represented by counsel before the board. The retrieved text does not set a statutory dollar penalty cap or a numbered hearing-day count. Do not invent either. Penalties are treated as assessments for lien purposes.

An HOA has a declared lien for unpaid assessments from the due date fixed by the board after required notice (§ 35-20-12). The association must give at least 30 days' certified-mail notice before recording a statement of lien, and must record that statement within 12 months from when the assessment became due. The lien is generally junior to mortgages and deeds of trust. Condo associations under Chapter 8A have a separate assessment/fine lien with limited six-month common-expense priority over certain first security interests (§ 35-8A-316), and may levy reasonable fines after notice and an opportunity to be heard (§ 35-8A-302(a)(11)).

Chapter 20 associations must provide listed records/information to members or potential purchasers within a reasonable time not exceeding 30 days of written request (§ 35-20-13). Condo records must be made reasonably available under § 35-8A-318 (no numbered inspection-day count in the retrieved text). Alabama has no statewide HOA ombudsman on this page; the Secretary of State administers certain Chapter 20 filing requirements.

This is general information from an AI helper, not legal advice. Confirm it against your documents and your state's law. If a deadline or hearing is coming up, talk to a licensed lawyer.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.