Alabama

Alabama HOA Laws: Statutes, Rules & Board Duties

What Alabama statutes actually require of community associations — meetings, fines, assessments and liens, records, reserves, architectural review, and the resident protections a board cannot override. Every point is cited to statute.

By the Grihak Team · Researched 2026-07-09

Applies to: Community associations in Alabama

⚠️ Informational summary only — not legal advice. ⚠️ Big gap to flag up front: Alabama has no comprehensive HOA statute comparable to California's Davis-Stirling Act. Condominiums are well-covered by the Uniform Condominium Act, but non-condominium (planned-community) HOAs are governed primarily by their own recorded declaration/CC&Rs plus the Alabama nonprofit corporation law (Title 10A, Chapter 3). The Alabama Homeowners' Association Act (Ch. 20) exists but is thin — it addresses formation, board election, powers/fines, records, and liens, and only covers HOAs created on/after Jan. 1, 2016 (older HOAs may opt in). It says little to nothing about meeting notice mechanics, reserves, budgets, ADR, or protected activities. Where a topic below has no Alabama statute, that is stated plainly.

Governing statutes

Alabama Uniform Condominium Act of 1991, Ala. Code §§ 35-8A-101 to 35-8A-417 governs condominiums created on or after January 1, 1991 (Ala. Code § 35-8A-102, https://law.onecle.com/alabama/title-35/35-8A-102.html).
Alabama Condominium Ownership Act, Ala. Code §§ 35-8-1 to 35-8-22 (the older act) governs condominiums created before January 1, 1991; a handful of 35-8A provisions (including powers of the association, the assessment lien, records, and resale disclosure) also reach back to pre-1991 condos for events after Jan. 1, 1991 (Ala. Code § 35-8A-102, https://law.onecle.com/alabama/title-35/35-8A-102.html).
Alabama Homeowners' Association Act, Ala. Code §§ 35-20-1 to 35-20-14 applies to residential HOAs whose declaration is recorded on or after January 1, 2016; pre-2016 associations may opt in by majority-member vote. It does not cover commercial/nonresidential developments, condominiums (Ch. 8/8A), cooperatives, timeshares, or campgrounds (Ala. Code § 35-20-3, https://law.onecle.com/alabama/title-35/35-20-3.html).
Non-condo HOAs must organize as nonprofit corporations under Title 10A, Chapter 3, and are "governed in all respects as a nonprofit corporation" — that chapter (not a dedicated HOA code) supplies most default rules on directors, meetings, and voting (Ala. Code § 35-20-5, https://law.justia.com/codes/alabama/title-35/chapter-20/section-35-20-5/).
Where governing documents conflict, the declaration generally controls over the bylaws/rules, and for covered HOAs the declaration is expressly given priority (Ala. Code § 35-20-8, https://law.onecle.com/alabama/title-35/chapter-20/index.html). (verify exact priority language of § 35-20-8.)

Meetings & notice

Condos: the association must hold a meeting at least once each year; special meetings may be called by the president, a board majority, or unit owners holding ≥ 20% of votes (Ala. Code § 35-8A-308, https://law.onecle.com/alabama/title-35/35-8A-308.html).
Condo notice window: the secretary must give notice not less than 10 nor more than 60 days in advance of any meeting, hand-delivered or by prepaid mail, stating time, place, and agenda — including any proposed budget changes or removal of officers/board members (Ala. Code § 35-8A-308, https://law.onecle.com/alabama/title-35/35-8A-308.html).
Condo quorum: 20% of votes (in person or by proxy) for an association meeting; 50% for a board meeting, unless bylaws set a higher figure (Ala. Code § 35-8A-309, https://law.onecle.com/alabama/title-35/35-8A-309.html). Voting and proxies are governed by Ala. Code § 35-8A-310.
Non-condo HOAs: there is no HOA-Act statute prescribing board-meeting notice, open-meeting rights, or executive-session limits. Meeting and notice mechanics come from the declaration/bylaws and the nonprofit corporation law (Title 10A, Ch. 3). The HOA Act only requires notice of the annual election to members (Ala. Code § 35-20-9, https://law.onecle.com/alabama/title-35/chapter-20/index.html). (verify § 35-20-9 notice content/timing.)

Fines & enforcement

Condos: the association may levy reasonable fines for violations of the declaration, bylaws, and rules, and charge late fees on assessments (Ala. Code § 35-8A-302, https://law.justia.com/codes/alabama/title-35/chapter-8a/article-3/section-35-8a-302/). The Act does not set a dollar cap on fines — the reasonableness standard and the declaration control.
Non-condo HOAs (Ch. 20): the board may "assess reasonable penalties against a member for any violation of the declaration or rules," but only after the member is afforded the opportunity to be heard and to be represented by counsel before the board (a due-process hearing requirement) (Ala. Code § 35-20-11, https://law.onecle.com/alabama/title-35/chapter-20/index.html).
For tenants, penalties likewise require notice to the tenant and member and an opportunity to be heard before the board (Ala. Code § 35-20-11).
A penalty assessed under § 35-20-11 is treated as an assessment and can therefore be secured by the association's lien under § 35-20-12 (Ala. Code § 35-20-11) — unlike California, Alabama does not wall fines off from lien/foreclosure collection. (verify whether the declaration must separately authorize this.)

Assessments, liens & foreclosure

Condos — lien: the association has a lien on a unit for any unpaid assessment, charge, or fine from the time it becomes due; the association must give reasonable advance notice to the unit owner and all record lienholders before enforcing (Ala. Code § 35-8A-316, https://law.onecle.com/alabama/title-35/35-8A-316.html).
Condo lien priority + 6-month super-priority: the lien is generally prior to other encumbrances except pre-declaration liens, first mortgages recorded before the delinquency, and tax/governmental liens — but the association's lien has priority over a first mortgage for the common-expense assessments that would have come due in the 6 months before enforcement (Ala. Code § 35-8A-316, https://law.onecle.com/alabama/title-35/35-8A-316.html).
Condo enforcement/limitations: the lien is enforced like a mortgage foreclosure, must be enforced within 3 years or it lapses, and the prevailing party recovers costs and reasonable attorney's fees; the association must furnish a payoff statement within 10 business days of request or lose the lien for that amount (Ala. Code § 35-8A-316, https://law.onecle.com/alabama/title-35/35-8A-316.html). Past-due condo assessments may bear interest up to 18%/yr (Ala. Code § 35-8A-315, https://law.onecle.com/alabama/title-35/35-8A-315.html).
Non-condo HOAs — lien: the association has a lien on each lot for unpaid assessments fixed by the board; written notice must be given to the owner by personal delivery or first-class mail, and the association must record a verified statement of lien in the probate office within 12 months of the assessment becoming due (Ala. Code § 35-20-12, https://law.justia.com/codes/alabama/title-35/chapter-20/section-35-20-12/).
Non-condo HOA enforcement is judicial: the association files a verified complaint in the county circuit court; the court may order a sale after notice by publication once a week for three successive weeks in a local newspaper (Ala. Code § 35-20-12, https://law.justia.com/codes/alabama/title-35/chapter-20/section-35-20-12/). There is no statutory minimum-debt threshold before foreclosure and no post-sale redemption period specific to the HOA Act — general Alabama redemption law would apply. (verify redemption interplay.)

Records access

Condos: the association must keep financial records detailed enough to comply with the resale-disclosure section (§ 35-8A-409); financial and other records must be available for inspection by unit owners and their representatives in the county where the condo is located, and the association may charge a reasonable fee/hourly rate (Ala. Code § 35-8A-318, https://law.onecle.com/alabama/title-35/35-8A-318.html).
Non-condo HOAs: the board must provide requested records within a reasonable time not to exceed 30 days, and may charge a reasonable fee or point the requester to a public-record location (Ala. Code § 35-20-13, https://law.onecle.com/alabama/title-35/chapter-20/index.html).
The HOA Act's list of accessible records is broad: current dues/assessment amounts and due dates, common-area inventory, the operating budget and prior-year financial statement, insurance and fidelity bonds, loans/collateral, officer contact info, current covenants and architectural guidelines, transfer/initiation fees, and pending litigation (Ala. Code § 35-20-13, https://law.onecle.com/alabama/title-35/chapter-20/index.html).
Neither act specifies a shorter "current-year vs. prior-year" tiered timeline like California; the single reasonable-time/30-day standard governs HOAs. (verify whether Title 10A § 10A-3-2.35 adds member inspection rights for non-condo HOAs.)

Reserves & budgets

Condos: the association may adopt and amend budgets covering revenues, expenditures, and reserves, and levy assessments accordingly (Ala. Code § 35-8A-302, https://law.justia.com/codes/alabama/title-35/chapter-8a/article-3/section-35-8a-302/); assessments must be made at least annually from an adopted budget (Ala. Code § 35-8A-315, https://law.onecle.com/alabama/title-35/35-8A-315.html).
No mandatory reserve study and no minimum reserve-funding requirement exists in Alabama for either condos or HOAs — reserve planning is discretionary and left to the declaration/bylaws (Ala. Code § 35-8A-302; general Alabama reserve-law summary, https://www.propfusion.com/law-guide/alabama-reserve-study-requirements). This is a major contrast with California's 3-year reserve-study mandate.
Disclosure, not funding: on a condo resale the seller/association must state the reserve amount included in the budget or state that there is none (Ala. Code § 35-8A-409, https://law.onecle.com/alabama/title-35/35-8A-409.html).
No exterior-elevated-element (balcony/deck) inspection statute like California's SB 326 exists in Alabama. (verify — no such provision found.)

Architectural control

No Alabama statute prescribes an architectural-review procedure, standards, or approval deadline. Architectural authority is entirely a creature of the recorded declaration/CC&Rs and any architectural guidelines the board adopts.
The HOA Act indirectly acknowledges architectural rules by requiring that "current architectural guidelines" be among the records an HOA makes available to members (Ala. Code § 35-20-13, https://law.onecle.com/alabama/title-35/chapter-20/index.html), and by authorizing the board to enforce the declaration and rules via reasonable penalties after a hearing (Ala. Code § 35-20-11).
Because there is no statutory good-faith/reasonableness standard specific to architectural decisions, review is under general Alabama covenant law (courts enforce restrictive covenants as written but construe ambiguities against the drafter). (verify — this is common-law, not statutory.)

Protected activities (what an HOA generally cannot prohibit)

Solar energy systems: Alabama has no solar-access statute protecting owners against HOA/condo restrictions — an association may restrict or even prohibit solar panels through its covenants. Alabama's solar law only authorizes voluntary solar easements between owners (no HOA override) (Alabama solar-law summary, https://alabamastatesolar.org/laws/). This is the opposite of California's Civ. Code § 714 protection.
U.S. flag: display is protected by the federal Freedom to Display the American Flag Act of 2005 (4 U.S.C. § 5 note), which preempts HOA bans nationwide; Alabama has no separate state flag-display statute for associations. (verify — no Alabama HOA flag statute found.)
Political/noncommercial signs, EV charging, clotheslines, drought-tolerant landscaping, agriculture, ADUs, religious door displays: Alabama has no statute protecting any of these against HOA rules. Each is controlled by the declaration. This is a large gap versus California, which protects all of them.
Bottom line: outside fair-housing law, Alabama gives associations broad covenant-based authority and creates very few statutory homeowner "rights" to override CC&Rs. (verify by re-checking Title 35 for any newer protective amendment.)

Fair housing & assistance animals

The federal Fair Housing Act (42 U.S.C. §§ 3601–3619) and the Alabama Fair Housing Law, Ala. Code §§ 24-8-1 et seq., both apply to HOAs and condo associations as housing providers and prohibit discrimination based on disability, race, color, religion, sex, familial status, or national origin (Ala. Code § 24-8-4; https://law.justia.com/codes/alabama/title-24/chapter-8/).
Associations must make reasonable accommodations, including allowing service and emotional-support animals notwithstanding a "no pets," breed, or size rule; no HOA covenant, rule, or fee can override this FHA duty (HUD/FHEO guidance; Central Alabama Fair Housing Center, https://centralalabamafairhousing.org/fair-housing-and-service-animals/).
Alabama Assistance and Service Animal Integrity in Housing Act, Ala. Code §§ 24-8A-1 et seq., lets a housing provider request reliable documentation of a disability and disability-related need when neither is readily apparent, limits acceptable documentation to a statement from the person's own medical provider, and makes misrepresenting entitlement to an assistance animal a civil/criminal offense (Ala. Code §§ 24-8A-3, 24-8A-4, https://law.justia.com/codes/alabama/title-24/chapter-8a/). (verify exact documentation standard in § 24-8A-3.)

Required disclosures

Condo resale certificate (Ala. Code § 35-8A-409): on resale, the unit owner must give the buyer the declaration, bylaws, rules, and a certificate covering ~9 items — periodic and unpaid assessments, financial statement, operating budget, pending litigation, insurance, leasehold terms, and any resale price restrictions — within 15 days of a written request (https://law.onecle.com/alabama/title-35/35-8A-409.html).
Association's duty + buyer protection: the association must furnish the certificate information to the owner within 10 days of request; a buyer is not liable for undisclosed amounts exceeding the certificate, and if a timely-requested certificate is not provided, the purchase contract is voidable by the buyer until it is provided plus 5 days (Ala. Code § 35-8A-409, https://law.onecle.com/alabama/title-35/35-8A-409.html).
Non-condo HOAs: there is no statutory resale-disclosure package like the condo certificate; instead, the § 35-20-13 records (dues, budget, insurance, covenants, architectural guidelines, litigation) are what a prospective buyer can obtain through the member/records process (Ala. Code § 35-20-13, https://law.onecle.com/alabama/title-35/chapter-20/index.html). (verify whether any purchaser has standing to demand § 35-20-13 records pre-sale.)
Out-of-state condo sales to Alabama residents can trigger the Act's public-offering-statement requirements (Ala. Code § 35-8A-102, https://law.onecle.com/alabama/title-35/35-8A-102.html).

Dispute resolution

Alabama has no mandatory internal (IDR) or pre-litigation ADR statute for HOAs or condos — nothing comparable to California's "meet and confer" (§§ 5900–5915) or ADR-before-suit requirement (§§ 5925–5965). (verify — no such provision found in Ch. 8A or Ch. 20.)
Condo lien enforcement proceeds by mortgage-style foreclosure with a fee-shifting/attorney's-fee provision to the prevailing party (Ala. Code § 35-8A-316, https://law.onecle.com/alabama/title-35/35-8A-316.html); non-condo HOA lien enforcement is a judicial action in circuit court (Ala. Code § 35-20-12, https://law.justia.com/codes/alabama/title-35/chapter-20/section-35-20-12/).
Any arbitration or mediation obligation must come from the declaration/bylaws or a separately signed agreement; the Federal Arbitration Act and Alabama's arbitration case law would then govern. (verify — declaration-dependent.)

Recent changes (2023–2026)

Alabama Homeowners' Association Act (Act 2015-292, eff. Jan. 1, 2016): the state's first (and still limited) statute for non-condo HOAs — formation as nonprofit corporations, board election, board powers including fines-after-hearing, records access, and assessment liens (Ala. Code §§ 35-20-1 to 35-20-14, https://law.onecle.com/alabama/title-35/chapter-20/index.html).
Alabama Assistance and Service Animal Integrity in Housing Act (Ala. Code §§ 24-8A-1 et seq.): codifies documentation standards and anti-fraud penalties for assistance/support-animal accommodation requests affecting housing providers, including associations (https://law.justia.com/codes/alabama/title-24/chapter-8a/). (verify enactment year.)
Condominium Act amendments: §§ 35-8A-315 and 35-8A-318 were amended by Act 2018-403 (assessment/interest and records provisions) (Ala. Code §§ 35-8A-315, 35-8A-318, https://law.onecle.com/alabama/title-35/35-8A-315.html). (verify scope of the 2018 amendments.)
No 2023–2026 comprehensive HOA reform (reserves, fine caps, protected activities, ADR) has been enacted in Alabama; proposals such as SB344 (2024) have been introduced but not adopted. (verify current status of any pending bill.)

Sources

Alabama Uniform Condominium Act, Ch. 8A section texts (onecle) — § 35-8A-102 applicability (https://law.onecle.com/alabama/title-35/35-8A-102.html), § 35-8A-302 powers (https://law.justia.com/codes/alabama/title-35/chapter-8a/article-3/section-35-8a-302/), § 35-8A-308 meetings (https://law.onecle.com/alabama/title-35/35-8A-308.html), § 35-8A-309 quorums (https://law.onecle.com/alabama/title-35/35-8A-309.html), § 35-8A-313 insurance (https://law.onecle.com/alabama/title-35/35-8A-313.html), § 35-8A-315 assessments (https://law.onecle.com/alabama/title-35/35-8A-315.html), § 35-8A-316 lien (https://law.onecle.com/alabama/title-35/35-8A-316.html), § 35-8A-318 records (https://law.onecle.com/alabama/title-35/35-8A-318.html), § 35-8A-409 resale (https://law.onecle.com/alabama/title-35/35-8A-409.html)
Chapter 8A index (all sections) — https://law.onecle.com/alabama/title-35/chapter-8a/index.html ; full-text act PDF — https://www.spacesassociations.com/wp-content/uploads/2020/03/Alabama-Condo-Act-of-1991-copy-1.pdf
Alabama Homeowners' Association Act, Ch. 20 — index (https://law.onecle.com/alabama/title-35/chapter-20/index.html), § 35-20-3 applicability (https://law.onecle.com/alabama/title-35/35-20-3.html), § 35-20-5 nonprofit organization (https://law.justia.com/codes/alabama/title-35/chapter-20/section-35-20-5/), § 35-20-11 powers/fines & § 35-20-13 records (https://law.onecle.com/alabama/title-35/chapter-20/index.html), § 35-20-12 lien (https://law.justia.com/codes/alabama/title-35/chapter-20/section-35-20-12/)
Older Condominium Ownership Act (pre-1991), Ch. 8 — https://www.hopb.co/alabama-condominium-ownership-act-chapter-8
Alabama HOA/condo law overview — Homeowners Protection Bureau (https://www.hopb.co/alabama) ; Alabama Secretary of State HOA page (https://www.sos.alabama.gov/business-entities/homeowners-associations)
Fair housing & assistance animals — Ala. Code Title 24 Ch. 8 (Alabama Fair Housing Law) and Ch. 8A (Assistance & Service Animal Integrity Act) (https://law.justia.com/codes/alabama/title-24/chapter-8a/) ; Central Alabama Fair Housing Center (https://centralalabamafairhousing.org/fair-housing-and-service-animals/)
Reserves (none required) — https://www.propfusion.com/law-guide/alabama-reserve-study-requirements
Solar (no HOA solar-access protection) — https://alabamastatesolar.org/laws/

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Frequently asked questions

What laws govern HOAs in Alabama?

Alabama Uniform Condominium Act of 1991, Ala. Code §§ 35-8A-101 to 35-8A-417 governs condominiums created on or after January 1, 1991 (Ala. Code § 35-8A-102, https://law.onecle.com/alabama/title-35/35-8A-102.html). - Alabama Condominium Ownership Act, Ala.

Can a Alabama HOA fine a homeowner, and what process is required?

Condos: the association may levy reasonable fines for violations of the declaration, bylaws, and rules, and charge late fees on assessments (Ala. Code § 35-8A-302, https://law.justia.com/codes/alabama/title-35/chapter-8a/article-3/section-35-8a-302/). The Act does not set a dollar cap on fines — the reasonableness standard and the declaration control. - Non-condo HOAs (Ch.

What are the board meeting and notice rules for Alabama HOAs?

Condos: the association must hold a meeting at least once each year; special meetings may be called by the president, a board majority, or unit owners holding ≥ 20% of votes (Ala. Code § 35-8A-308, https://law.onecle.com/alabama/title-35/35-8A-308.html).

What HOA records can Alabama homeowners inspect?

Condos: the association must keep financial records detailed enough to comply with the resale-disclosure section (§ 35-8A-409); financial and other records must be available for inspection by unit owners and their representatives in the county where the condo is located, and the association may charge a reasonable fee/hourly rate (Ala. Code § 35-8A-318, https://law.onecle.com/alabama/title-35/35-8A-318.html).

When can a Alabama HOA place a lien or foreclose over unpaid assessments?

Condos — lien: the association has a lien on a unit for any unpaid assessment, charge, or fine from the time it becomes due; the association must give reasonable advance notice to the unit owner and all record lienholders before enforcing (Ala. Code § 35-8A-316, https://law.onecle.com/alabama/title-35/35-8A-316.html).

Does HOA software make a Alabama board automatically compliant?

No. Compliance is the board's legal responsibility, guided by your association's attorney. Software like Grihak lowers effort and error by turning requirements into default workflows — noticed agendas, recorded votes, auto-generated minutes, documented violation hearings, permissioned document access, and a timestamped dues ledger — but it supports compliance rather than guaranteeing it.