Alabama Homeowners' Association Act (Ala. Code §§ 35-20-1 to 35-20-14) — Plain-English Summary

Alabama Homeowners' Association Act

• §35-20-1
  Short title

  Names this chapter the Alabama Homeowners' Association Act. It is the statute for residential subdivision HOAs — not condominiums (those live under Chapter 8…
• §35-20-10
  Delivery of certain information to the board upon election

  When the members elect the board, the declarant (or outgoing control) must deliver the association's books, records, funds, contracts, and the other informat…
• §35-20-11
  Powers of board

  To the extent the declaration authorizes it, the board may suspend a member's right to use association facilities or services for nonpayment of assessments —…
• §35-20-12
  Liens for unpaid assessments

  Unless the governing documents provide otherwise, the association has a lien on every lot for unpaid assessments from the date the assessment is due. This HO…
• §35-20-13
  Records

  An HOA subject to this chapter must make listed records available to each member or potential purchaser on written request, within a reasonable time not exce…
• §35-20-14
  Dissolution and liquidation of assets upon termination of declaration

  When the declaration terminates, the association is dissolved and its assets are liquidated and distributed as this section and the nonprofit corporation law…
• §35-20-2
  Definitions

  Defines association, board of directors, common area, declarant, declaration (a recorded instrument that imposes common-area duties and assessment authority …
• §35-20-3
  Applicability of chapter

  This chapter applies to developments whose declaration providing for an HOA is recorded on or after January 1, 2016, and to an older association that elects …
• §35-20-4
  Construction and administration of chapter

  The principles of law and equity — including the nonprofit corporation law in Title 10A Chapter 3, real-estate law, and the law of contracts — supplement thi…
• §35-20-5
  Organization of associations; filing requirements; rulemaking authority; organizational documents

  On or after January 1, 2016, an HOA created pursuant to a declaration must be organized as a nonprofit corporation under Title 10A Chapter 3 and is governed …
• §35-20-6
  Formation of association

  A homeowners' association provided for in a declaration and subject to this chapter must be formed before any lot in the development is conveyed.
• §35-20-7
  Election of a board of directors and officers; modification of declaration

  The declaration or governing documents may provide a period in which the declarant maintains control of the election of the board and officers. After that pe…
• §35-20-8
  Priority of declaration

  The recorded declaration has priority over conflicting provisions in the bylaws, rules, or other governing documents, except as this chapter provides.
• §35-20-9
  Notice of election

  Notice of an election of directors or officers must be given to members as this section and the governing documents provide.