Alabama HOA Laws: §35-20 Rights & Board Duties

Alabama's HOA governance is split between two primary statutes, depending on the type of community. Understanding which statute applies to your community is critical for asserting your rights.

Alabama Uniform Condominium Act (Ala. Code §35-8A)

This statute governs condominium associations specifically. Key provisions include:

• §35-8A-301 to §35-8A-307 — Association powers, duties, and governance structure
• §35-8A-302 — Association authority to adopt rules and impose sanctions
• §35-8A-303 — Board member duties and obligations
• §35-8A-316 — Lien authority for unpaid assessments
• §35-8A-313 — Association insurance requirements (note: §35-8A-317 covers other liens affecting the condominium)
• §35-8A-401 to §35-8A-418 — Unit owner rights and protections

Alabama Homeowners Association Act (Ala. Code §35-20)

Enacted in 2015 (Act 2015-292), this statute applies to planned-community associations created on or after January 1, 2016, and older ones that opt in via their declaration. It is primarily an organizational, filing, and lien statute — it does not impose statutory fine caps, notice-day minimums, open-meeting mandates, or codified fiduciary duties, though §35-20-11 does require an opportunity to be heard (and to be represented by counsel) before the board assesses a penalty:

• §35-20-2 — Definitions
• §35-20-3 — Applicability (associations created on or after January 1, 2016, and older ones that opt in)
• §35-20-5 — Organization of associations, filing requirements, and rulemaking authority
• §35-20-7 — Election of the board and officers; modification of the declaration
• §35-20-11 — Powers of the board
• §35-20-12 — Liens for unpaid assessments (judicial enforcement)
• §35-20-13 — Records made available to members on written request
• §35-20-14 — Dissolution of the association

Before the 2015 Act, planned community HOAs in Alabama operated almost entirely under their CC&Rs and general Alabama contract law. The Act brought needed transparency and accountability provisions. Compare Alabama's approach to more heavily regulated states like Florida or California.

Alabama law provides homeowners with important rights, though they are less extensive than states with more comprehensive HOA regulation. Understanding these rights helps you hold your HOA accountable.

Record Access Rights (§35-20-13)

Under the Alabama Homeowners Association Act, you have the right to inspect and copy association records:

• Financial records — Annual budgets, financial statements, and account balances
• Governing documents — CC&Rs, bylaws, rules, and amendments
• Meeting minutes — Official board meeting minutes and records of votes
• Membership records — List of members (with reasonable privacy protections)
• Contracts — Agreements with vendors and management companies

Request records in writing. The association must provide access within a reasonable time. If access is denied, document the denial in writing as it may support a legal claim.

Meeting and Notice Rights (Governing Documents + Nonprofit Law)

The Homeowners Association Act does not impose a statutory open-meeting, annual-meeting, or right-to-speak mandate. Those rights come from your bylaws and, because most Alabama HOAs are nonprofit corporations, the Alabama Nonprofit Corporation Law (Ala. Code Title 10A, Chapter 3):

• Meetings and notice — Your bylaws set meeting frequency, notice, and quorum; the Nonprofit Corporation Law supplies default rules where the bylaws are silent
• Member meetings — The Nonprofit Corporation Law generally provides for annual member meetings and director elections
• Right to speak — Whether members may address the board depends on the bylaws
• Records of meetings — Meeting minutes are part of the records available on request under §35-20-13

Voting and Governance Rights

• Board elections — Right to vote in board elections per your governing documents
• Amendment votes — Major CC&R changes require member approval (typically 67% under Alabama CC&Rs)
• Special assessment votes — Right to vote on special assessments per governing documents
• Proxy voting — Generally allowed unless bylaws specifically prohibit

Fair Housing Protections

Alabama HOAs are subject to federal and state fair housing laws:

• Federal Fair Housing Act — Prohibits discrimination based on race, color, national origin, religion, sex, disability, and familial status
• Alabama Fair Housing Law — Mirrors federal protections
• Reasonable accommodations and modifications — these come from the Fair Housing Act, not the ADA: an HOA must make reasonable accommodations in its rules and permit reasonable modifications for residents with disabilities. The Americans with Disabilities Act reaches public accommodations, so it bears on an HOA only where a facility is genuinely open to the public
• Religious displays — Cannot discriminate against religious expression protected by the First Amendment and federal law

Alabama HOA board members owe fiduciary duties to the association and its members. Understanding these obligations helps you identify when your board is overstepping its authority.

Fiduciary Duties Under Alabama Law

Alabama HOA directors owe fiduciary duties under the Alabama Nonprofit Corporation Law (Ala. Code Title 10A, Chapter 3) and common law — the Homeowners Association Act itself does not codify them. These duties include:

• Duty of care — Must act with the care a reasonably prudent person would exercise in similar circumstances
• Duty of loyalty — Must act in the best interests of the association, not for personal benefit
• Duty of good faith — Must act honestly and fairly in all dealings
• Business judgment rule — Decisions made in good faith with reasonable information are generally protected

Governance Obligations

• Follow governing documents — Board must comply with CC&Rs, bylaws, and adopted rules
• Uniform enforcement — Rules must be enforced consistently against all homeowners
• Proper meeting procedures — Meetings must follow notice requirements and be open to members
• Financial transparency — Must maintain and make available proper financial records
• Maintain common areas — Responsible for upkeep of shared areas and amenities

What the Board Cannot Do

• Cannot selectively enforce — Must apply rules uniformly to all members
• Cannot retaliate — Cannot use enforcement power to punish homeowners for complaints or dissent
• Cannot self-deal — Cannot enter contracts that benefit board members personally without disclosure
• Cannot ignore governing documents — Must follow the procedures in CC&Rs and bylaws
• Cannot violate fair housing laws — Cannot discriminate on any protected basis
• Cannot deny record access — Must provide records to members on written request under §35-20-13

Holding the Board Accountable

If your board is violating its obligations:

• Document violations in writing with dates and specifics
• Send a formal letter to the board demanding compliance
• Attend board meetings and raise concerns during open session
• Organize other homeowners to demand accountability
• Consider running for the board yourself
• Consult with an Alabama real estate attorney if violations persist

While Alabama provides fewer statutory HOA protections than some states, several provisions and common-law principles offer meaningful homeowner protection.

Flag Display Rights (Federal Protection)

Under the federal Freedom to Display the American Flag Act of 2005, your HOA cannot prohibit you from displaying the American flag on your property. This applies in Alabama and all states:

• Right to display the U.S. flag on your property
• HOA may impose reasonable restrictions on size, time, and manner of display
• Cannot ban flag display entirely
• Applies to both condominiums and planned communities

Solar Panel Rights

Alabama does not have a specific solar access statute like California or Colorado. This means your HOA may be able to restrict solar panel installation depending on your CC&Rs. However, federal tax incentives and growing legal trends favor solar access rights.

Satellite Dish Rights (FCC Rule)

Under the FCC's Over-the-Air Reception Devices Rule (OTARD), your HOA cannot prohibit satellite dishes one meter or less in diameter. This federal protection applies in Alabama.

Alabama Lien and Foreclosure Law

Understanding lien and foreclosure provisions is critical for Alabama homeowners:

• Condominium liens (§35-8A-316) — Unpaid assessments create a lien on the unit
• HOA liens (§35-20-12) — Planned community associations can lien for unpaid assessments (recorded in the county probate office)
• Foreclosure process — The §35-20-12 assessment lien is enforced judicially (the association files a verified complaint and the court may order a sale). A non-judicial power of sale is available only if a separate recorded mortgage or deed-of-trust instrument grants it
• Redemption rights — Alabama provides a statutory right of redemption for certain foreclosures

Compare Alabama's HOA framework with neighboring states: Tennessee, Georgia, Florida.