Alabama homeowners associations are governed by the Alabama Homeowners' Association Act, Ala. Code § 35-20-1 et seq., a short, 14-section statute that applies to communities whose declaration was recorded on or after January 1, 2016 (older HOAs are covered only if a majority of members vote to opt in). Where the Act is silent, Alabama's general nonprofit corporation law fills the gap — and that law itself was just overhauled, with a new Chapter effective January 1, 2025.
Fines: what your HOA can and can't charge
Alabama sets no statutory dollar cap on fines — that's a governing-documents matter. What the Act does guarantee is real process: the board may assess a "reasonable penalty" only after giving you notice and a chance to appear at a hearing, including with a lawyer. One detail worth knowing: an unpaid fine is legally treated the same as an unpaid assessment, meaning the association can pursue it through the same lien process described below.
See our guide on how to fight an HOA fine for the general playbook.
Unpaid assessments, liens, and foreclosure
Alabama's lien is automatic, but recording it and enforcing it both follow a set process:
- Automatic lien: the association has a lien on your lot from the date an assessment becomes due — no recording needed to create it, though recording is required to enforce it.
- 30 days' notice by certified mail before the association records a formal lien statement, which it must do within 12 months of the missed payment.
- Foreclosure: the association files a verified court complaint; a sale can follow, with notice published weekly for three consecutive weeks in a local newspaper.
- No interest or late-fee cap: unlike Alabama's condo law, which caps interest at 18%, the HOA Act sets no ceiling on interest or late fees for unpaid assessments — that's set entirely by your declaration.
More on this in our guide to what happens if you don't pay HOA dues.
Meetings and quorum
The Act itself doesn't set a specific notice period or quorum number for general membership meetings — it just requires that your association's own documents establish rules for communicating with members and conducting meetings. Where those documents are silent, Alabama's newly overhauled nonprofit corporation law (effective January 1, 2025) sets the default quorum at a majority of the votes entitled to be cast — a meaningfully higher bar than the old 10% default that applied before 2025, so don't assume an older description of Alabama law still applies.
Board elections
Alabama's one HOA-specific election rule kicks in when a developer's control period ends: the developer must give written notice within 120 days of the special meeting to elect the new board, and additional nominations can be added at that meeting with the written support of at least 10% of the membership. Beyond that transition moment, Alabama law sets no felony bar and no delinquency-based disqualification for board candidates — anything like that in your community comes from its own bylaws, not state law. Members can remove a director with or without cause, as long as the meeting notice says removal is on the agenda.
For the general mechanics, see how HOA board elections work.
Buying a home in an Alabama HOA
Alabama is a caveat-emptor (buyer-beware) state generally — there's no statewide seller property-condition disclosure law, and no HOA-specific resale certificate or mandatory disclosure packet either.
One practical tool unique to Alabama: every HOA's bylaws and CC&Rs must be filed with the Secretary of State in a public, searchable database, so you can often pull governing documents yourself before you even make an offer.
See our full buying checklist for homes in an HOA before you make an offer.
Need help with an Alabama HOA issue? Find an HOA attorney in Alabama, or find a management company in Alabama.