Alabama Condo & HOA Quick Reference

A board member’s plain-English cheat sheet. Condos created after January 1, 1991: Uniform Condominium Act (Ala. Code Ch. 8A). Older condos: Condominium Ownership Act (Ch. 8), with listed 8A sections still reaching them. Subdivision HOAs: Homeowners’ Association Act (Ch. 20) if the declaration is recorded on or after January 1, 2016, or the association elects in. Corporate mechanics: Title 10A Ch. 3.

Condo meetings, budget, records

• UCA §35-8A-308Annual meeting required. Special meetings: president, a board majority, or 20 percent of the votes. Notice 10 to 60 days, hand-delivered or prepaid U.S. mail, stating time, place, and agenda (amendments, budget changes, removals).
• UCA §35-8A-309Owner quorum defaults to 20 percent of the votes that may be cast for the board, present in person or by proxy at the start. Board quorum defaults to 50 percent.
• UCA §35-8A-303Within 30 days of adopting a proposed budget, send it to owners and set a ratification meeting. The budget is ratified unless a majority of the owners present reject it. Declarant control: owners elect at least 25 percent of the board after 25 percent of units are sold and 33⅓ percent after 50 percent; control ends no later than 60 days after 75 percent are conveyed. After transition, a board of at least three. Remove a non-declarant director by a two-thirds vote.
• UCA §35-8A-318All financial and other records must be reasonably available for examination by any unit owner. Also applies to pre-1991 condos.

Condo lien and insurance

• UCA §35-8A-316Lien from the moment the assessment or fine is due. Recording the declaration perfects it — no separate claim of lien. Foreclose like a mortgage, with notice to the owner and recorded lienholders. Limited six-month super-priority over a first mortgage for budgeted common-expense assessments. Extinguished if not enforced within three years. Payoff statement in 10 business days. Also applies to pre-1991 condos.
• UCA §35-8A-315Assessments at least annually. Past-due amounts bear interest up to 18 percent per year. An assessment is also the owner’s personal obligation.
• UCA §35-8A-313Master property policy on the common elements at not less than 80 percent of actual cash value, plus liability insurance. Rebuild unless the condominium is terminated, repair is illegal, or 80 percent of the votes (including 80 percent of damaged-unit owners) agree not to.
• UCA §35-8A-408A buyer who is not given the required offering-statement documents more than seven days before signing may cancel without penalty. A buyer who is never given them may recover 5 percent of the sale price.

HOA overlay, and what SOS does

• HOA §35-20-3Chapter 20 applies to a declaration recorded on or after January 1, 2016, and to an older association that elects in by a majority of its members. Condos (Ch. 8 / 8A), commercial developments, cooperatives, time-shares, and campgrounds are out.
• HOA §35-20-5A post-2015 HOA must organize as a nonprofit under Title 10A Ch. 3 and file its bylaws and original covenants with the Secretary of State. SOS keeps a public, searchable document database by association name. That is not a downloadable statewide roster.
• HOA §35-20-12HOA assessment lien from the due date. No six-month super-priority — it sits behind mortgages. Record a statement of lien within 12 months; certified-mail notice at least 30 days before recording.
• HOA §35-20-13On written request, give a member or potential purchaser the listed records within 30 days: assessments, common areas, budget and reserves, last-year financials, insurance, and any loans. NP §10A-3-2.32 adds inspection of books, minutes, and the membership list for a proper purpose at a reasonable time.

Alabama Board Meeting Checklist

Notice, quorum, the two different liens, and what SOS will not do for you. Confirm against your declaration and bylaws.

Notice Requirements by Meeting Type

• Condo member meetingAt least once a year. Notice 10 to 60 days (§35-8A-308).
• Condo special meetingPresident, board majority, or 20 percent of the votes (§35-8A-308).
• Condo budgetSend the proposed budget within 30 days of adoption. Ratified unless a majority of those present reject it (§35-8A-303).
• HOA records packet30 days to a member or potential purchaser (§35-20-13).
• HOA penaltyOnly after the member has a chance to be heard and to be represented by counsel (§35-20-11). Cannot cut off access to the lot.

Quorum & Voting

Records, Minutes & Disclosures

• Condo booksReasonably available to any unit owner (§35-8A-318). Payoff statement in 10 business days (§35-8A-316).
• Nonprofit inspectBooks, minutes, and the membership list for a proper purpose at a reasonable time (§10A-3-2.32).
• HOA packetAssessments, common areas, budget, financials, insurance, loans — 30 days (§35-20-13).
• SOSDocument database by association name. Not a roster. Not an arbiter (§35-20-5).