What your HOA can and can't do under Alabama law — with exact statute citations.
Alabama enacted the Alabama Homeowners Association Act (Ala. Code §35-20-1 et seq.) effective January 1, 2016. The Act applies to all HOAs formed on or after that date. Older HOAs may opt in but are not required to comply. Under the Act, HOAs must be organized as nonprofit corporations, file governing documents with the Secretary of State, maintain financial records accessible to members, and provide a chance to be heard before imposing fines. If your HOA was formed before January 1, 2016 and has not opted in, your rights come primarily from your CC&Rs and the Nonprofit Corporation Law (Ala. Code §10A-3-1.01 et seq.).
These are your enforceable rights under Ala. Code §35-20-1 et seq. (Alabama Homeowners Association Act (effective January 1, 2016)). Each right has a specific statute citation you can use in any dispute letter.
Important: The Alabama HOA Act (§35-20) applies only to HOAs formed on or after January 1, 2016. If your HOA was formed before that date and has not opted in, your rights come primarily from your CC&Rs and the Alabama Nonprofit Corporation Law.
HOAs created on or after January 1, 2016 must be organized as nonprofit corporations under Chapter 3 of Title 10A of the Alabama Code. This requirement ensures that the HOA's internal governance is subject to the standards and member rights of the Alabama Nonprofit Corporation Law.
Ala. Code §35-20-5(a)HOAs must file their bylaws, governing documents, and original CC&Rs with the Alabama Secretary of State. The Secretary of State maintains a public electronic database searchable by association name. Homeowners can search this database to find their HOA's filed documents and board information — a free and powerful research tool.
Ala. Code §35-20-5(b)The Alabama HOA Act requires associations to maintain full and complete financial records available to any member at a reasonable time and place upon payment of reasonable costs. Submit a written request to your HOA board identifying the specific records you need.
Ala. Code §35-20-5The HOA must prepare and submit annual budgets to the membership. This transparency requirement gives homeowners the ability to review and question the HOA's financial management each year.
Ala. Code §35-20-5The Alabama HOA Act gives the board power to impose reasonable fines and suspend facility use rights — but homeowners must be given a chance to be heard before a fine is imposed. This is a statutory hearing right under §35-20-11, not just a CC&R protection. If your HOA imposed a fine without offering you an opportunity to be heard, that is a violation of the Act.
Ala. Code §35-20-11 (powers of board)The Act outlines election notice requirements for board elections. Your HOA must follow the notice procedures in §35-20-9 for board elections. If your HOA conducts elections without proper notice, those elections may be procedurally defective.
Ala. Code §35-20-9The Alabama HOA Act provides for HOA liens for unpaid assessments under §35-20-12. If your HOA is threatening a lien, review the specific procedures required by §35-20-12. The HOA must follow the statutory lien process — a lien that does not comply with §35-20-12's requirements may be unenforceable.
Ala. Code §35-20-12Under the Alabama Nonprofit Corporation Law (Ala. Code §10A-3-1.42), members of nonprofit organizations — including HOA members — have the right to inspect financial records and official books. This right applies to all HOAs organized as nonprofits, regardless of formation date.
Ala. Code §10A-3-1.42 (Alabama Nonprofit Corporation Law)If you own a condominium (not a single-family home in a planned community HOA), the Alabama Uniform Condominium Act (Ala. Code §35-8A-101 et seq.) provides additional statutory protections including notice rights, meeting rights, and record access. Condominium owners have stronger statutory rights than planned community HOA members.
Ala. Code §35-8A-101 et seq. (Alabama Uniform Condominium Act)These activities are protected by Alabama state law. Any HOA rule or fine that prohibits these things is unenforceable.
This is the required process under Alabama law. If your HOA skipped any step, the fine may be procedurally defective. Steps marked ⚠️ are the ones HOAs most commonly skip.
The most common questions Alabama homeowners ask about their HOA rights.
Yes — the Alabama Homeowners Association Act (Ala. Code §35-20-1 through §35-20-14), effective January 1, 2016. However, it applies only to HOAs formed on or after that date. Older HOAs may opt in but are not required to comply. Key protections under §35-20 include: HOAs must be organized as nonprofits (§35-20-5(a)), file governing documents with the Secretary of State (§35-20-5(b)), maintain accessible financial records, submit annual budgets to members, provide a chance to be heard before fines (§35-20-11), and follow specific lien procedures (§35-20-12). If your HOA was formed before January 1, 2016 and has not opted in, your rights come primarily from your CC&Rs and the Alabama Nonprofit Corporation Law.
The Alabama HOA Act (§35-20-12) provides for HOA liens for unpaid assessments. The HOA must follow the specific statutory procedures in §35-20-12 for any lien to be enforceable. If your HOA is threatening foreclosure, review whether it complied with §35-20-12's procedural requirements — a lien that does not comply is not enforceable. Consult an Alabama real estate attorney immediately if a lien or foreclosure is threatened.
Alabama does not have a dedicated HOA oversight agency like Florida's DBPR or Arizona's ADRE. Your primary options are: (1) The Alabama Secretary of State's public database (sos.alabama.gov) — search your HOA's filings to confirm compliance with §35-20-5(b) and find board contact information; (2) The Alabama AG's Consumer Protection Division for deceptive or fraudulent practices; (3) Alabama Small Claims Court for disputes of $6,000 or less; (4) Alabama district or circuit court for larger disputes.
Use this checklist: (1) Determine if your HOA was formed on or after January 1, 2016 — if so, §35-20 applies and you have a statutory right to be heard under §35-20-11; (2) Verify the violation is expressly covered by your CC&Rs; (3) Check whether the HOA gave you an opportunity to be heard before imposing the fine; (4) Confirm the fine amount is in the adopted fine schedule; (5) Document any selective enforcement. Send a written dispute letter citing §35-20-11 if the hearing right was violated. If unresolved, file in Alabama Small Claims Court for amounts under $6,000.
Alabama Small Claims Court handles disputes of $6,000 or less. You do not need an attorney to file in small claims. For most routine HOA fine disputes, small claims is your most accessible option. For larger disputes — special assessments, lien foreclosures, or major covenant enforcement — file in Alabama district or circuit court.
Get your violation score, find procedural errors under Alabama law, and generate a professional dispute letter citing the exact statutes that apply to your case.
Analyze My Violation — Free →Legal Disclaimer: This page is for informational purposes only and does not constitute legal advice. Alabama HOA laws are subject to change and your specific CC&Rs and governing documents may affect your rights. Always consult a licensed Alabama attorney for advice specific to your situation.