Organization of associations; filing requirements; rulemaking authority; organizational documents
- Statute:
- Alabama §35-20-5 · Chapter HOA (Alabama Homeowners' Association Act (Ala. Code §§ 35-20-1 to 35-20-14))
- Topic:
- Governing Documents · SOS filing
- Applies to:
- HOA associations
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 in all respects as a nonprofit. In addition to ordinary corporate filings it must file its bylaws or other governing documents and its original covenants, conditions, or restrictions with the Secretary of State. SOS must keep a public, searchable electronic database of those documents organized by association name. Organizational documents must provide methods of efficient member communication and meeting rules. They may provide indemnification, insurance, and fidelity bonds. SOS may set reasonable filing fees. Filings here are not constructive notice under the recording statutes.
📄 Read the official text at alison.legislature.state.al.us →
How SoShiny helps with Organization of associations; filing requirements; rulemaking authority; organizational documents
SoShiny is built around the Florida statutes from day one. The features that help you comply with this section are part of every plan — no add-ons, no per-document fees.
See the feature → Start freeFrequently asked
- What does Alabama §35-20-5 require?
- 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 in all respects as a nonprofit. In addition to ordinary corporate filings it must file its bylaws or other governing documents and its original covenants, conditions, or restrictions with the Secretary of State. SOS must keep a public, searchable electronic database of those documents organized by association name.
- Who does Alabama §35-20-5 apply to?
- Alabama §35-20-5 applies to HOA associations in Alabama.
- What happens if our HOA doesn't comply with §35-20-5?
- Non-compliance can expose the association and individual directors to disputes in the governing forum for Alabama community associations. SoShiny's audit trail and documented workflows are designed to demonstrate good-faith compliance.
- Where can I read the official text of Alabama §35-20-5?
- The official text is published by the Alabama Legislature at alison.legislature.state.al.us. The summary on this page is for plain-English reference only and is not legal advice.
- How does SoShiny help with Organization of associations; filing requirements; rulemaking authority; organizational documents?
- SoShiny is built around the Florida statutes from day one. The features that help you comply with this section are part of every plan — no add-ons, no per-document fees. Learn more →
Not legal advice. This page is a plain-English summary of Alabama §35-20-5 prepared by SoShiny for board members and managers. For binding legal advice or interpretation, consult a Alabama-licensed attorney. For the official statutory text, see the link above.
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