HOA LAWS & REGULATIONS

  • Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in the state of Alabama.

  • Alabama Condominium Act, Ala. Code § 35-8-1, et. seq.: The Act governs the formation, management, powers, and operation of condominium associations created before January 1, 1991.

  • Alabama Uniform Condominium Act of 1991, Ala. Code § 35-8A-101, et. seq.: The Act governs all condominiums created after January 1, 1991. However, some sections of this chapter may also apply to condominiums formed before said date. 

  • Alabama Homeowners' Association Act, Ala. Code § 35-20-1, et. seq.: The law governs the formation, management, powers, and operation of residential homeowners’ associations created after January 1, 2016, and any association formed before that time that elects to be governed by this chapter in its declaration.

  • Alabama Nonprofit Corporation Law, Ala. Code § 10A-3-1.01, et. seq.: The Act governs nonprofit corporations with regard to corporate structure and procedure. Homeowners’ associations created after January 1, 2016, must be organized as nonprofit corporations under Ala. Code § 35-20-5(a). Condominium associations may be organized as profit or nonprofit corporations. Ala. Code § 35-8A-301.

  • Alabama Fair Housing Law, Ala. Code §§ 24-8-1, et. seq.: This law protects people's right to have access to all housing opportunities without discrimination based on race, color, religion, sex, handicap, familial status, or national origin. The Act provides state-level protections similar to the federal Fair Housing Act (FHA).

    Victims of housing discrimination can file a complaint with the Alabama Department of Economic and Community Affairs (ADECA) or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory act.

  • Alabama Rights Of Blind And Otherwise Physically Disabled Persons, Ala. Code § 21-7-1, et. seq.: The law prohibits discrimination against persons with disabilities in public accommodations like the Americans with Disability Act (“ADA”), so its application is usually limited to publicly-accessible commons areas in the community.

    Under Alabama’s law, specially trained dogs belonging to a disabled person must be permitted into any common area in which the owner is permitted. Extra charges for a service animal are not permitted, but the owner is liable for any damage done to the premises or another person. See also Ala. Code §§ 3-1-7 and 3-7A-9(g).

LEGAL RESOURCES

  • Alabama Judicial System - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.

  • Alabama State Bar - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.

  • Alabama Legislature - Search your state representative and the legislation (or, "statutory law") database.

  • Legal Services Alabama - The office offers legal aid to low-income individuals.

  • Search and Track Alabama Bills

  • Direct access to the Code of Alabama

GOVERNMENT AGENCIES

HOA CONTACT INFORMATION AND DOCUMENTS

  • HOA Directory - Homeowners can enter the name of the community or subdivision to find the association’s contact information, list of board members, and corporation documents, such as the association’s articles of incorporation.

  • HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

  • Alabama Department of Revenue - Find parcel information

  • Jefferson County, Alabama Recorder's Office - The office maintains and provides access to public records.

 

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.