Alabama HOA Laws and Regulations: Guide (2026)

Quick Answer

Alabama has no single statute that governs every HOA. The Alabama Homeowners' Association Act (Ala. Code Title 35, Chapter 20) covers residential associations whose declarations were recorded on or after January 1, 2016, plus older associations that vote to opt in. Condominiums fall under the Alabama Uniform Condominium Act of 1991 (Chapter 8A) or the earlier condominium statute (Chapter 8). Everything else turns on your recorded documents and nonprofit corporation law.

Which laws govern HOAs and condominiums in Alabama

Alabama uses a layered system, and the first question for any board is which layer applies to its community. Getting this wrong is the most common source of confusion, because an association formed in the 1990s may be governed very differently from one formed after 2016.

The Alabama Homeowners' Association Act

The Act is codified at Ala. Code § 35-20-1 through § 35-20-14 (Act 2015-292). Under § 35-20-3, it applies to developments subject to a declaration providing for a homeowners' association that is recorded in the office of the judge of probate on or after January 1, 2016. An association formed before that date is covered only if a majority of its members elect to be governed by the chapter. The Act does not apply to commercial, industrial or other nonresidential developments, to any association regulated under Chapter 8 or 8A of Title 35, or to real estate cooperatives, time-share developments and campgrounds.

The Act is short compared with the comprehensive codes in some other states. It addresses organization of the association (§ 35-20-5), declarant control of the early board (§ 35-20-7), the board's power to suspend facility use and assess penalties (§ 35-20-11), liens for unpaid assessments (§ 35-20-12) and records (§ 35-20-13). Most day-to-day rules still live in your declaration, bylaws and rules.

Condominiums

The Alabama Uniform Condominium Act of 1991, Ala. Code § 35-8A-101 and following, governs condominiums. According to statute summaries, it applies to condominiums created after January 1, 1991, and certain sections, including the assessment lien statute at § 35-8A-316, also reach older condominiums for later events. Older condominiums are otherwise generally governed by the earlier condominium statute in Chapter 8 and their own declarations. If your building is a condominium, read our complete guide to condo associations alongside this page.

Nonprofit corporation law and the common law

Associations in Alabama are commonly incorporated as nonprofit corporations. The Alabama Nonprofit Corporation Law is in Title 10A, Chapter 3 of the Code. Section 35-20-12 itself refers to notice requirements in that chapter, and summaries of § 35-20-5 indicate that associations formed under the Homeowners' Association Act are to be organized as nonprofit corporations. For associations outside the statutes above, courts generally treat the declaration as an enforceable contract and covenant running with the land, so the recorded documents carry the most weight. For background, see HOA governing documents explained.

Alabama HOA and condo law at a glance

The table below summarizes what we could verify. Where the statute is silent or we could not confirm a rule, it says to see your documents. Confirm anything you plan to rely on with your association's attorney.

Assessments and liens in more detail

Alabama's homeowners' association lien works differently from the lien in many other states. Under § 35-20-12, the lien attaches from the due date, but the association must record a verified statement of lien in the probate office within 12 months of the date the assessment became due, and must send at least 30 days' prior written notice by certified mail before recording. The statement must describe the lot, name the association and owner, and state the unpaid amounts and other claimed interest and costs. Enforcement is by a verified complaint in the county where the lot sits, and a court may order a sale after published notice.

Priority matters to lenders and to your collection strategy. The statute places the lien ahead of later liens and encumbrances, with exceptions that include state and county ad valorem taxes, municipal improvement assessments, UCC fixture filings, mortgages and deeds of trust. In practical terms, a homeowners' association lien under this Act is generally behind an existing mortgage, which is why consistent monthly collection is so important. Condominium associations have a different position under § 35-8A-316, which according to summaries gives a limited priority over certain mortgages.

Fines are also tied into collection. Section 35-20-11(c) says the amount of any penalty is considered an assessment for purposes of the lien statute, so boards should document notice and the hearing carefully. For process guidance, see our HOA violations and enforcement guide.

Records, transparency and resale requests

Section 35-20-13 gives both members and potential purchasers a records right. The list in the statute is practical: current and pending assessments, the common areas, the operating budget and any reserve funds with the last year's statement of financial condition, insurance and fidelity bond information, loans against the association, officer contact information, the current covenants and architectural regulations, transfer or initiation fees due at closing, and identifying information for pending lawsuits or liens in public records. An association may provide records on paper or electronically, or point the requester to a public record.

Associations that run a resident portal usually find this easier: if budgets, governing documents and financial statements are already posted, a records request becomes a link rather than a project.

Board powers and limits

Section 35-20-11 also limits what a board may do to enforce collection. A board authorized by its documents may suspend a member's right to use association facilities or services for nonpayment, but only to the extent that access to the member's lot is not denied. Boards should read their documents closely before acting, because the statute starts from what the declaration authorizes. Our article on what powers an HOA has and where the limits are covers the general principles, and HOA board member responsibilities explains the duties that come with the role.

Recent changes

The Homeowners' Association Act itself dates from 2015 and took effect for new declarations in 2016. For a summary of more recent developments that touch Alabama associations, see our overview of Alabama HOA law changes 2021-2025. Because statutes can be amended every session, check the current Code of Alabama before acting on any section cited here.

Remote HOA management in Alabama

Alabama associations can be managed remotely with the same core tools used in person: a cloud dashboard for budgets, bank reconciliation and vendor invoices; online dues collection with automated reminders and ledgers; digital violation tracking with photos, notices and hearing records; and board support by phone, email and video for meetings and owner questions. Digital records also make the 30-day records response window in § 35-20-13 and the notice trail required before a lien easier to manage. You can read more about how this works on our page for remote HOA management in Alabama, and see our pricing page for how engagements are structured.

Rules on manager licensing and registration vary by state, so associations should confirm what applies in Alabama. Sources we reviewed conflict on whether Alabama requires a real estate license for community association managers, and we did not find a dedicated Alabama community association manager license, so confirm the current position with the Alabama Real Estate Commission or your attorney before hiring.

Frequently Asked Questions

Does Alabama have an HOA law?

Yes, but it is limited in reach. The Alabama Homeowners' Association Act (Ala. Code § 35-20-1 and following) applies to residential associations with declarations recorded on or after January 1, 2016, and to older associations that elect to adopt it by majority vote of members. Condominiums are governed separately, and many older HOAs rely mainly on their declarations.

Can an Alabama HOA put a lien on my home?

Generally yes, if the documents and statute support it. Under § 35-20-12, an association governed by the Act has a lien for unpaid assessments from the due date, but must record a verified statement of lien within 12 months of the due date after giving at least 30 days' written notice by certified mail. Condominium associations have a lien under § 35-8A-316.

How quickly must an Alabama HOA provide records?

For associations subject to the Homeowners' Association Act, § 35-20-13 requires records to be made available to a member or potential purchaser who asks in writing within a reasonable time not to exceed 30 days, on payment of reasonable associated costs. The association may provide the records in paper or electronic form.

Can an HOA fine homeowners in Alabama?

If the declaration and governing documents authorize it, the board may assess reasonable penalties for violations of the declaration or rules after the member has an opportunity to be heard and represented by counsel (§ 35-20-11). Such penalties are treated as assessments for the lien statute, so a clear hearing record is important.

Does the Homeowners' Association Act apply to my condo?

No. Section 35-20-3 excludes associations regulated under Chapters 8 or 8A of Title 35. Condominiums are generally governed by the Alabama Uniform Condominium Act (Chapter 8A) if created after 1991, or the earlier condominium statute and the declaration if older. Ask your attorney which applies to you.

How APM Helps

Association Property Managers offers remote HOA and condo management to boards nationwide, with offices in East Lansing, Michigan and Dublin, California. If your Alabama board wants help with collections, records, meetings and vendor oversight, explore our association management services or request a free proposal, which we deliver within 3 business days. You can also call 810.777.7060, or read what HOA management involves first.

This article is general information, not legal advice. Laws change and associations differ; consult a licensed attorney in Alabama. Last verified October 25, 2026.