Alabama HOA rules and regulations determine how homeowner associations operate, what homeowners can be required to do, and what authority an HOA board has over a residential community. Alabama has a specific Alabama Homeowners’ Association Act, codified in Title 35, Chapter 20 of the Alabama Code. However, the Act does not answer every HOA question by itself. A community’s declaration, covenants, bylaws, resolutions, rules, and other governing documents remain important when determining what restrictions and procedures apply.
For homeowners, the most important issues usually involve HOA assessments, property restrictions, architectural rules, records, board elections, enforcement actions, liens, and changes to governing documents. Understanding which rules come from Alabama law and which come from your specific HOA documents is the key to determining whether an HOA action is valid.
Quick Answer: What has the Main Alabama HOA Rules?
Alabama HOA rules are governed by the Alabama Homeowners’ Association Act, the association’s recorded declaration and covenants, its bylaws and other governing documents, and applicable nonprofit-corporation law. For HOAs subject to Chapter 20, Alabama law addresses areas such as association organization, rulemaking, board elections, records, assessments, and enforcement. The governing documents can provide additional restrictions and procedures.
Definition: Alabama HOA Rules and Regulations
Alabama HOA rules and regulations are the laws, recorded covenants, declarations, bylaws, resolutions, architectural standards, and other enforceable provisions that establish how an Alabama homeowner association operates and how homeowners may use their property.
Does Alabama Have an HOA Law?
Yes. Alabama has a dedicated Alabama Homeowners’ Association Act, located in Title 35, Chapter 20 of the Alabama Code. The chapter begins with Section 35-20-1 and establishes the statutory framework for qualifying homeowner associations.
The Act is particularly important because it provides rules concerning the formation and organization of HOAs, board elections, governing documents, records, assessments, and other association matters.
However, Alabama HOA law should not be treated as a complete replacement for the community’s governing documents.
A homeowner may need to examine several sources at the same time:
- Alabama statutes
- Recorded declaration
- Covenants, conditions, and restrictions (CC&Rs)
- HOA bylaws
- Board resolutions
- Architectural or design guidelines
- Properly adopted HOA rules
- Applicable nonprofit-corporation law
- Local ordinances and other applicable laws
This layered structure is why two Alabama neighborhoods can have different HOA rules even though they are both subject to Alabama law.
Which HOAs Are Covered by the Alabama Homeowners’ Association Act?
The Alabama Homeowners’ Association Act has a specific scope rather than automatically applying to every organization that calls itself an HOA.
The statutory framework applies to qualifying developments subject to a recorded declaration providing for a homeowner association. The statutory history also provides that the chapter applies to declarations recorded on or after January 1, 2016, and can apply to certain associations formed before that date when the statutory requirements for opting into the chapter are satisfied.
The Act also excludes certain types of communities and associations, including associations subject to Alabama’s condominium statutes and certain nonresidential or specialized developments.
Why Does the HOA’s Legal Structure Matter?
Before relying on an Alabama HOA rule, determine whether your community is:
- A traditional homeowners association
- A condominium association
- A cooperative
- A planned residential development
- Another type of common-interest community
The applicable statute can change depending on the legal structure.
What Documents Control Alabama HOA Rules?
The declaration and other governing documents are central to understanding an Alabama HOA.
A typical HOA’s governing documents may include:
| Document | What It Usually Controls |
| Declaration/CC&Rs | Property restrictions, assessments, easements, use restrictions |
| Bylaws | Association governance and board procedures |
| Rules & regulations | Day-to-day community requirements |
| Architectural guidelines | Exterior changes, improvements, landscaping |
| Board resolutions | Policies and decisions adopted by the board |
| Plat or recorded documents | Lots, common areas, easements and property boundaries |
Alabama law recognizes the importance of the declaration. Section 35-20-8 addresses the priority of the declaration within the statutory framework, making it important to review the recorded declaration when there is a conflict between documents.
Can an HOA Make Any Rule It Wants?
No.
An HOA’s rulemaking authority comes from applicable law and the association’s governing documents. A board generally cannot simply create a restriction unrelated to its authority and treat it as automatically binding.
Homeowners should ask three questions when challenging a rule:
- Where does the HOA get authority to make this rule?
- Was the rule adopted using the required procedure?
- Does the rule conflict with a higher-ranking governing document or applicable law?
Those questions are more useful than simply asking whether the homeowner personally considers the rule reasonable.
What Types of Rules Can an Alabama HOA Enforce?
Alabama HOA rules commonly address the appearance, maintenance, use, and operation of properties within the development.
Common restrictions can include:
- Landscaping requirements
- Exterior paint colors
- Fences
- Roofing materials
- Mailboxes
- Parking
- Vehicles
- Recreational equipment
- Pools
- Exterior structures
- Trash containers
- Signs
- Leasing or rental restrictions
- Pets
- Noise
- Property maintenance
- Architectural modifications
The exact restrictions depend on the community’s declaration, covenants, bylaws, and properly adopted rules.
Architectural and Exterior Modification Rules
Many Alabama HOAs require homeowners to obtain approval before making exterior changes.
Examples include:
- Installing a fence
- Building a deck
- Adding a detached structure
- Changing exterior colors
- Installing certain landscaping
- Adding a swimming pool
- Making significant exterior renovations
A homeowner should check the architectural-control provisions before beginning construction.
Practical rule: Never assume that because an improvement is legal under city or county building regulations, it is automatically allowed under the HOA’s governing documents.
Government approval and HOA approval are separate issues.
What has the Alabama HOA Rules About Assessments and Dues?
HOA assessments are one of the most important financial obligations created by a homeowner association.
Depending on the governing documents and applicable law, an HOA may collect:
- Regular assessments
- Special assessments
- Transfer fees
- Initiation fees
- Late charges
- Other authorized amounts
Alabama nonprofit-corporation law also addresses the authority of membership nonprofit corporations to levy dues, assessments, fees, fines, late charges, interest, penalties, and other amounts when authorized by the certificate of incorporation or bylaws.
For an HOA homeowner, the important question is not simply whether the HOA is charging money. The question is whether the charge is authorized by the governing documents and applicable law.
Unpaid Assessments?
Alabama law provides a statutory framework for HOA assessment liens for associations covered by the Alabama Homeowners’ Association Act.
The statutory framework recognizes a lien for unpaid assessments and establishes requirements concerning notice and enforcement. The law also places limitations on foreclosure of the statutory lien, including a threshold tied to the unpaid assessment and the property’s value.
Because an assessment lien can affect title to a home, homeowners should not ignore collection notices.
If you believe an assessment is incorrect, request the association’s accounting and governing-document authority in writing and consider obtaining legal advice when a lien or foreclosure issue is involved.
Do Alabama HOA Homeowners Have the Right to See HOA Records?
Yes, for HOAs subject to the Alabama Homeowners’ Association Act, Section 35-20-13 provides important record-access rights.
An HOA must maintain specified records and make them available to a member or potential purchaser upon written request, within a reasonable period not exceeding 30 days, subject to payment of reasonable associated costs.
The records covered include important information such as:
- Current assessments and mandatory charges
- Common areas
- Current operating budget
- Reserve funds
- Financial condition
- Association insurance
- Association loans
- Current officers and contact information
- Current covenants and restrictions
- Architectural regulations
- Initiation and transfer fees
- Existing common areas
- Certain pending lawsuits, judgments, liens, arbitration, or dispute-resolution matters
This is particularly useful when a homeowner needs to understand how an HOA is spending money or why a particular charge or restriction exists.
How Should You Request HOA Records?
A written request is generally the safest approach.
Identify the documents specifically rather than sending a vague request such as “send me everything.”
For example, a homeowner could request:
- The current operating budget
- Current assessment schedule
- Current CC&Rs
- Current architectural regulations
- Current insurance information
- Current board and officer information
Keep a copy of the request and the association’s response.
How Are HOA Rules Enforced in Alabama?
HOA enforcement normally begins with the association’s governing documents.
A typical enforcement process may involve:
- Identifying an alleged violation.
- Sending a violation notice.
- Giving the homeowner an opportunity to correct the issue when required.
- Applying authorized fines or other remedies.
- Escalating the dispute according to the governing documents.
- Using available legal remedies when appropriate.
The exact procedure varies by association.
Can an HOA Fine a Homeowner?
An HOA’s ability to impose fines depends on the authority provided by its governing documents and applicable law.
Do not assume that every HOA automatically has unlimited authority to create monetary penalties. Review the declaration, bylaws, rules, and applicable nonprofit and HOA statutes before disputing or accepting a fine.
A homeowner who receives a violation notice should request the exact rule allegedly violated and the authority under which the enforcement action was taken.
Can an Alabama HOA Change Its Rules?
In many cases, an HOA can amend or adopt governing documents or rules when the applicable documents and law authorize the action.
But the procedure matters.
Depending on what is being changed, the required process may involve:
- Board approval
- Member approval
- Notice to homeowners
- A required voting threshold
- Recording an amendment
- Compliance with nonprofit-corporation law
A significant amendment to recorded covenants should be treated differently from a routine administrative rule.
What About Changes to the Declaration?
Alabama’s HOA framework specifically addresses the priority of declarations and provides rules concerning the association’s governing documents.
The original declaration should therefore be reviewed before assuming that the board can unilaterally change a property restriction.
How Are HOA Boards Elected in Alabama?
Board governance is an important part of Alabama HOA regulations.
Section 35-20-7 allows an association’s declaration or governing documents to provide for a period during which the developer or declarant maintains control over the election of directors and officers and may have specified rights concerning modification of the declaration.
This is particularly relevant in newer developments where the developer has not yet transitioned full control to homeowners.
Once homeowner control applies, elections should be conducted according to the governing documents and applicable nonprofit-corporation requirements.
What Happens When an HOA Board Violates Its Own Rules?
An HOA board is not automatically above its governing documents.
If a board takes an action that appears inconsistent with the declaration, bylaws, or applicable law, a homeowner should document the issue and identify the specific provision involved.
A practical approach is:
1. Read the Exact Rule
Do not rely on a verbal explanation from a board member.
2. Identify the Board’s Authority
Find the provision authorizing the board to take the action.
3. Request Supporting Records
Use the association’s applicable record-access procedures.
4. Submit a Written Objection
Explain the specific conflict and request a correction.
5. Follow the HOA’s Dispute Procedure
The governing documents may provide an internal process.
6. Seek Legal Advice When Necessary
An attorney may be appropriate when the dispute involves significant money, property rights, liens, litigation, or enforcement against the property.
Alabama HOA Rules vs. HOA Governing Documents
A common mistake is assuming that “Alabama HOA law” is a single list of rules covering every neighborhood.
The relationship is more complicated:
| Source | Main Function | Homeowner Should Review? |
| Alabama HOA Act | State-level HOA framework | Yes |
| Declaration/CC&Rs | Property restrictions and obligations | Always |
| Bylaws | Governance and procedures | Always |
| HOA rules | Day-to-day restrictions | Yes |
| Board resolutions | Specific association decisions | When relevant |
| Nonprofit corporation law | Corporate governance | When relevant |
| Local ordinances | Zoning, building, nuisance and similar matters | When relevant |
The most reliable way to analyze an HOA dispute is to start with the specific property and association documents rather than relying on a generic list of HOA rules.
What Should Alabama Homeowners Do When They Disagree with an HOA Rule?
If you believe an HOA rule is invalid or improperly enforced, use a structured process.
- Get the rule in writing.
- Find the provision that gives the HOA authority to make or enforce it.
- Review the declaration and bylaws.
- Check whether the rule was properly adopted.
- Request relevant HOA records.
- Document comparable enforcement situations if selective enforcement is an issue.
- Submit a written objection or appeal.
- Keep copies of every communication.
- Consider professional legal advice if the dispute could affect your property or finances.
This approach creates a factual record instead of turning the dispute into a disagreement based only on opinions.
What Records Should Alabama HOA Homeowners Keep?
Homeowners should maintain a personal HOA file containing:
- Declaration
- CC&Rs
- Bylaws
- Current HOA rules
- Architectural guidelines
- Assessment statements
- Violation notices
- Board correspondence
- Meeting notices
- Records requests
- HOA responses
- Architectural applications
- Approval or denial letters
- Photographs
- Payment records
Keeping these documents organized can become extremely valuable if a disagreement later develops into a formal dispute.
Frequently Asked Questions About Alabama HOA Rules & Regulations
What is the Alabama Homeowners’ Association Act?
The Alabama Homeowners’ Association Act is found in Title 35, Chapter 20 of the Alabama Code. It establishes statutory requirements for qualifying homeowner associations, including provisions concerning organization, governance, elections, records, assessments, and other HOA matters.
Can an Alabama HOA create rules for homeowners?
An Alabama HOA may have rulemaking authority when that authority comes from applicable law and the association’s governing documents. The exact scope depends on the declaration, bylaws, adopted rules, and the legal structure of the community.
Can an Alabama HOA require homeowners to pay assessments?
HOA assessments may be authorized by the association’s governing documents and applicable law. Homeowners should review the declaration, bylaws, assessment provisions, and any applicable statutory requirements before disputing an assessment.
Can I request financial records from my Alabama HOA?
For HOAs subject to the Alabama Homeowners’ Association Act, Section 35-20-13 provides members and potential purchasers with rights to request specified association records in writing. The association must generally make the covered information available within a reasonable period not exceeding 30 days, subject to reasonable costs.
Can an Alabama HOA place a lien on my home?
Alabama law provides a statutory assessment-lien framework for qualifying HOAs when assessments remain unpaid. Because lien and foreclosure issues can affect ownership of the property, homeowners facing these actions should review the governing documents and applicable law promptly.