What do Alabama HOA laws say about records, fines and liens?

Alabama chapter 35-20 and 35-8A day, month and year figures, with sources

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Who is responsible for repairs in a Alabama HOA?

Under chapter 35-20 the duty starts in the declaration itself: the definition in 35-20-2(5) is an instrument that imposes on the association maintenance or operational responsibilities for the common areas.

Under 35-20-5(c) of chapter 35-20, the organizational documents of a homeowners’ association shall provide for reasonable rules and regulations for the use, maintenance, repair, replacement, or modification of any common areas, including penalties for violations.

For a condominium under chapter 35-8A created after January 1, 1991, 35-8A-307(a), read 2026-10-30 on alison.legislature.state.al.us, reads: “(a) Except to the extent provided by the declaration, subsection (b), or Section 35-8A-313(h), the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of his or her unit.” (Code of Alabama 1975 § 35-8A-307)

For common-area repairs an Alabama declaration puts on the association, such as walkways or entrance gates, a board can post the job on InstaBids and get written bids.

How can an owner see HOA records in Alabama?

For a homeowners’ association subject to chapter 35-20, the answer is a written request; 35-20-13(a), read 2026-10-29 on alison.legislature.state.al.us, reads: “(a) A homeowners’ association subject to this chapter shall maintain records and information to be made available to each member or potential purchaser, upon written request, within a reasonable time not to exceed 30 days from the date of the request, and upon the payment of reasonable associated costs.” (Code of Alabama 1975 § 35-20-13)

For a condominium association under chapter 35-8A, 35-8A-318 says all financial and other records shall be made reasonably available for examination by any unit owner and his or her authorized agents, in the county where the condominium is located.

A board that wants written bids on file when a member asks to see records can post each common-area job on InstaBids and get the bids in writing.

What records does a Alabama HOA have to keep?

For a condominium association under chapter 35-8A, 35-8A-318, read 2026-10-30 on alison.legislature.state.al.us, reads: “The association shall keep financial records sufficiently detailed to enable the association to comply with Section 35-8A-409.” (Code of Alabama 1975 § 35-8A-318)

Under 35-20-13(b) of chapter 35-20, on a written request a homeowners’ association shall provide or direct the member to the location of the public record holding its most recent assessments, its common areas, and a copy of the current operating budget and reserve funds, if any, with a statement of financial condition for the last fiscal year.

Under 35-20-5(c) of chapter 35-20, the organizational documents shall provide for the compilation, organization, and maintenance of full and complete financial records of the association available to any member at a reasonable time and place.

For budget and reserve-fund work in an HOA's records, like pool resurfacing or repaving, a manager can post the job on InstaBids and collect written bids.

How much notice does a Alabama HOA board give before a meeting?

For a condominium under chapter 35-8A created after January 1, 1991, 35-8A-308, read 2026-10-30 on alison.legislature.state.al.us, reads: “Not less than 10 nor more than 60 days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner.” (Code of Alabama 1975 § 35-8A-308)

The same section of chapter 35-8A, for a condominium created after January 1, 1991, opens: “A meeting of the association must be held at least once each year.” (Code of Alabama 1975 § 35-8A-308)

Chapter 35-20 sets a notice window for one meeting only, the first board election; under 35-20-9(a), within 120 days of the date the members have the right to elect a board, the declarant shall give written notice of a special meeting of the membership.

Before the meeting that votes on a condo common-element repair, a manager can post the job on InstaBids and bring written bids side by side.

Can a Alabama HOA fine an owner without a hearing?

Chapter 35-20 ties penalties to a hearing; 35-20-11(a), read 2026-10-30 on alison.legislature.state.al.us, reads: “(a) The board of directors, to the extent authorized by the declaration and governing documents, may do the following: (1) Suspend a member’s right to use facilities or services provided directly through the association for nonpayment of assessments under subdivision (2), to the extent that access to the member’s lot is not denied. (2) Assess reasonable penalties against a member for any violation of the declaration or rules adopted by the board of directors after the member is afforded the opportunity to be heard and represented by counsel before the board of directors.” (Code of Alabama 1975 § 35-20-11)

If a tenant of a member violates the declaration or rules, 35-20-11(b) of chapter 35-20 lets the board assess a penalty directly against a tenant after giving notice to the tenant and member and an opportunity to be heard before the board of directors.

When a violation hearing is about a lot's upkeep, such as overgrown landscaping or a broken fence, the owner can post that repair on InstaBids for written bids.

Does Alabama HOA law apply to condominiums?

No for chapter 35-20; its exclusions in 35-20-3(b), read 2026-10-30 on alison.legislature.state.al.us, read: “(b) This chapter does not apply to any of the following: (1) A development for commercial, industrial, or other nonresidential use. (2) Any association that is subject to regulation under Chapters 8 or 8A of this title. (3) A real estate cooperative, time-share development, or campground.” (Code of Alabama 1975 § 35-20-3)

Under 35-20-3(a), chapter 35-20 applies to developments whose declaration was recorded on or after January 1, 2016, and to an association formed before that only when a majority of its members elects it, while condominium associations under Chapters 8 or 8A stay outside it (35-20-3(b)). Alabama condominiums have their own lines in chapter 35-8A, quoted on this page.

Whether the HOA act or the condo act covers a community, a manager can post common-element work like roof or hallway repairs on InstaBids for written bids.

When can an Alabama HOA put a lien on a lot?

Under chapter 35-20 the lien runs from the date the assessment is due, unless otherwise provided in the declaration (35-20-12(a)), and a statement of lien comes after written notice; 35-20-12(d), read 2026-10-30 on alison.legislature.state.al.us, reads: “(d) At least 30 days prior to recording a statement of lien, the association shall give written notice by certified mail to the owner of the lot or other person obligated for the lien, as shown on the books and records of the association, that the statement will be recorded in the office of the judge of probate.” (Code of Alabama 1975 § 35-20-12)

Under 35-20-12(c) of chapter 35-20, within 12 months from the date any assessment becomes due, the association shall record a statement of lien in the office of the judge of probate of the county where the lot is located.

For a condominium under chapter 35-8A, 35-8A-316(e) says the association's lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the full amount of the assessments becomes due.

Assessments that lien rules protect often fund upkeep such as drainage or paving; a board can post that work on InstaBids and compare written bids.

Alabama chapter 35-20 and 35-8A rules a board or manager works to

Lines for a written scope on Alabama HOA and condominium work

• The work in plain words for each common area, with photos, so bids line up line by line.
• Common areas: under 35-20-2(5) of chapter 35-20 the declaration imposes on the association maintenance or operational responsibilities for the common areas; list each common area the work touches on its own line.
• Condominium work: under 35-8A-307(a) of chapter 35-8A, for a condominium created after January 1, 1991 and except to the extent provided by the declaration, the association is responsible for maintenance, repair, and replacement of the common elements and each unit owner for his or her unit; split common-element lines from unit lines.
• Paper trail: under 35-20-13(b) of chapter 35-20 the current operating budget and reserve funds go to a member on written request; file the signed scope with the budget line it is paid from.
• Board meeting date: under 35-8A-308 of chapter 35-8A, for a condominium created after January 1, 1991, the secretary sends notice not less than 10 nor more than 60 days in advance of any meeting; put the meeting that votes on the work in the schedule.

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Calling contractors one by one, or one written scope?

Calling contractors one by one gets each one's own idea of the job. With one written scope, you describe it once, contractors bid in writing on that scope, and you choose who gets your number.

Property managers can post a rental job on InstaBids today.

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Sources

• Code of Alabama 1975 § 35-20-3, read 2026-10-30: alison.legislature.state.al.us
• Code of Alabama 1975 § 35-8A-318, read 2026-10-30: alison.legislature.state.al.us
• Code of Alabama 1975 § 35-8A-316, read 2026-10-30: alison.legislature.state.al.us
• Code of Alabama 1975 § 35-8A-308, read 2026-10-30: alison.legislature.state.al.us
• Code of Alabama 1975 § 35-8A-307, read 2026-10-30: alison.legislature.state.al.us
• Code of Alabama 1975 § 35-20-2, read 2026-10-30: alison.legislature.state.al.us
• Code of Alabama 1975 § 35-20-9, read 2026-10-30: alison.legislature.state.al.us
• Code of Alabama 1975 § 35-20-12, read 2026-10-30: alison.legislature.state.al.us
• Code of Alabama 1975 § 35-20-5, read 2026-10-30: alison.legislature.state.al.us
• Code of Alabama 1975 § 35-20-11, read 2026-10-30: alison.legislature.state.al.us
• Code of Alabama 1975 § 35-20-13, read 2026-10-29: alison.legislature.state.al.us