Until recently, homeowners` associations in Alabama were not regulated by the state. The Alabama Homeowners` Association Act was passed and went into effect on January 1, 2016. It describes the general rules for the establishment and administration of an HOA and the powers of an association of municipalities. It applies to all new municipalities established after that date. Older communities that preceded the law may choose to obey the laws outlined in the law, but this is not mandatory. Alabama Condominium Act, Ala. Code § 35-8-1, et. Next: The act regulates the creation, administration, powers and operation of condominium corporations established before January 1, 1991. HOA Directory – Owners can enter the name of the municipality or subdivision to find the association`s contact information, the list of board members, and company documents such as the association`s bylaws. The aim is to create a searchable electronic database with all the information of the Association of State Owners accessible to the public. Whether you have questions about your association`s bylaws, want to move to a neighborhood with an existing HOA, or simply see what other homeowners` associations are doing, it allows for open and honest communication not only between community members, but also between different communities in the state.
Victims of housing discrimination may file a complaint with the Alabama Department of Economic and Community Affairs (ADECA) or HUD within one (1) year from the date of the discriminatory law. Victims may also bring a private action before the Federal District Court within two (2) years of the discriminatory act. *The above list may not be an exhaustive list of all the laws and regulations that govern HOAs in your state. HOA-USA recommends that you contact a law firm that has experience in the field of HOA law if you have any questions about laws, state laws, or your authoritative documents. Alabama Nonprofit Corporation Law, Ala. Code § 10A-3-1.01, et. Seq.: The law regulates non-profit companies with regard to the structure and procedures of the company. Owners` associations formed after January 1, 2016 must be organized as non-profit corporations under the Ala Code. § 35-20-5 (a). Condominium corporations can be organized into for-profit or not-for-profit corporations. Ala.
Code § 35-8A-301. HOA Documents – The Association`s Declaration of Agreements, Conditions and Restrictions (CC&R), CC&R Amendments, By-laws, Notices of Privilege, HOA Notices, Dishes, Cards and Other Community Documents can be found on the website of the county registrar`s office where the association is located. The association`s CC&Rs must be registered with the county`s land registries to be enforceable. The board of directors must submit financial documents to the state each year and comply with all laws that apply to non-profit organizations. In addition to the preparation of documents, HOAs are subject to regular audits by the state government regarding financial and property management procedures. Prior to the creation of the Alabama Homeowners` Association Act, HOAs were not technically a legal entity. Any association founded by members of the community could not legally prescribe membership or enforce by-laws. Once the law was introduced, it gave more power to the HOAs. When preparing association documents, it is important to use as many details as possible. Dealing with topics such as methods of communication with HOA members, meeting policies, use of the common space and maintenance regulations, as well as information on the payment of dues are mandatory. Federal Laws – In addition to state legislation, the federal government has laws governing the operation and administration of communities of common interest in the state of Alabama.
These companies, along with those listed in our supplier directory, provide excellent products and services to homeowners` associations. All associations of municipalities in the state of Alabama must be administered as non-profit organizations. To start an HOA, you must first submit important association documents to the Secretary of State. HOAs are not regulated in Alabama. New HOAs formed after January 1, 2016 must submit certain disclosure documents to the local estate judge`s office so that they can submit them to the Secretary of State for publication here. HOAs established before January 1, 2016 are not required to submit documents to the Secretary of State, BUT they can if they wish. Click here to search for a specific HOA. Alabama Rights of Blind and OtherWise Physically Disabled People, Ala. Code § 21-7-1, ff. Seq.: The law prohibits discrimination against people with disabilities in public places such as the Americans with Disability Act (“ADA”), so its application is generally limited to common areas accessible to the public in the community. Consumer Financial Protection Office (BPFC) – This is the lead federal agency responsible for enforcing the Federal Fair Debt Collection Practices Act (FDCPA), which prohibits debt collection agencies from engaging in abusive, unfair or deceptive practices when attempting to collect a debt. Alabama law requires that specially trained dogs belonging to a person with a disability be allowed to enter any common area where the owner is allowed.
Additional charges for a service animal are not allowed, but the owner is responsible for any damage caused to the premises or to another person. See also Ala. Code §§ 3-1-7 and 3-7A-9(g). Alabama Uniform Condominium Act of 1991, Ala. Code § 35-8A-101, et. Seq.: The law regulates all condominiums created after January 1, 1991. However, certain sections of this chapter may also apply to co-ownerships constituted before that date. Assessment of a person`s request to have an animal as adequate housing under the Fair Housing Act (2020).
U.S. Department of Housing and Urban Development – (HUD) – The agency is responsible for enforcing the Federal Fair Housing Act (FHA), which, as amended, prohibits discrimination in the sale, rental, and financing of housing and other housing-related transactions based on race, color, religion, gender, marital status, national origin and disability. Alabama Fair Housing Law, Ala. Code §§ 24-8-1, et. Seq.: This law protects the right of people to access all housing without discrimination based on race, colour, religion, sex, disability, marital status or national origin. The law provides state-level protection, similar to the Federal Fair Housing Act (FHA). Alabama Homeowners` Association Act Implementation Procedure Yes in some and no in others. Every HOA is different.
Ask your licensed real estate professional, your local probate judge or call/visit the subdivision office. All HOAs filed documents in the estate judge`s office on site. HOAs organized since January 1, 2016 must provide HOA documents to be published on this site. Click here to search for a specific HOA. Discrimination against Persons with Disabilities: An Examination Guide for Practitioners (2005). Each HOA is different and they have their own authoritative documents, fees, assessments, rules, privileges and other penalties. Some HOAs are more or less restrictive. Consumers should ask for the information they need. Joint statement by HuD and the Department of Justice on reasonable accommodation under the Fair Housing Act (2004). Alabama Legal Services – The office provides legal assistance to low-income individuals. Articles of Association, all relevant documents, original and updated restrictive covenants, conditions, restrictions, fee and valuation plans, annual budget, most recent financial statements, proof of compensation and insurance for the HOA and officers/directors, proof of loyalty obligations and whether there is a regular audit. You may or may not ask all of these questions, or you may request additional information.
Contact the subdivision office, an HOA official, or ask your licensed real estate professional to help you find this information. If you want to set up a new HOA community or simply refresh your knowledge, the full text of the Alabama Homeowners` Association Act is fully available online. It describes in detail the rules and regulations that HOAs created after January 1, 2016 must be respected. Attorney General of Alabama – The Attorney General`s Office plays an important role in protecting the state`s citizens. Alabama Legislature – Search for your state representative and database of laws (or “legal laws”). Revised ADA Requirements: Service Animals – This publication clarifies and refines issues and includes new and updated requirements, including the 2010 Standards (2010 Standards) for Accessible Design. HOAs can have broad authority, such as: no pets allowed outside, only certain paint colors allowed, no RVs parked in driveways, garage doors can only be opened for 15 minutes, a privilege on your property not to pay any fees or notices, and many, many others. You should inquire about the restrictions before purchasing. Alabama Government Portal – Search for government information by topic and authority.
Alabama State Bar – The office gives the public access to a directory of attorneys, a lawyer referral service, free or low-cost legal services, and information to determine whether an attorney is in good standing, review their malpractice insurance, or file a complaint.