Section 35-20-1 – Short Title.
Section 35-20-1 Short title. This chapter shall be known and may be cited as the Alabama Homeowners’ Association Act. (Act 2015-292, §1.)
Section 35-20-10 – Delivery of Certain Information to the Board Upon Election.
Section 35-20-10 Delivery of certain information to the board upon election. Within 90 days of the selection of the board of directors of the association as provided in Section 35-20-9, the declarant, or his or her designee, shall deliver to the board of directors all of the following: (1) All books, records, and governing documents […]
Section 35-20-11 – Powers of Board.
Section 35-20-11 Powers of board. (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 […]
Section 35-20-12 – Liens for Unpaid Assessments.
Section 35-20-12 Liens for unpaid assessments. (a) Except as may be otherwise provided in the declaration or the governing documents of an association, an association shall have, and there is declared, a lien on every lot for unpaid assessments levied against that lot arising on and from the date the assessment is due as fixed […]
Section 35-20-13 – Records.
Section 35-20-13 Records. (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. Any homeowners’ association […]
Section 35-20-14 – Dissolution and Liquidation of Assets Upon Termination of Declaration.
Section 35-20-14 Dissolution and liquidation of assets upon termination of declaration. Upon the termination of a declaration, or at such other time as required by law, the board of directors shall take those steps necessary for the immediate dissolution and liquidation of the association and any remaining assets. (Act 2015-292, §15.)
Section 35-20-2 – Definitions.
Section 35-20-2 Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (1) ASSOCIATION. A homeowners’ association. (2) BOARD OF DIRECTORS. The group of persons vested with the management of the association irrespective of the name by which the group is designated. (3) COMMON AREA. Property within a development which […]
Section 35-20-3 – Applicablity of Chapter.
Section 35-20-3 Applicablity of chapter. (a) This chapter applies to all developments subject to a declaration providing for a homeowners’ association recorded in the office of the judge of probate in the county in which the development, or any part thereof, is located on or after January 1, 2016, and any association formed prior to […]
Section 35-20-4 – Construction and Administration of Chapter.
Section 35-20-4 Construction and administration of chapter. (a) The principles of law and equity, including, but not limited to, the law of nonprofit corporations in Chapter 3 of Title 10A, the law of real estate, and the law relative to the capacity to contract, principal and agent, eminent domain, estoppel, negligence, fraud, misrepresentation, duress, coercion, […]
Section 35-20-5 – Organization of Associations; Filing Requirements; Rulemaking Authority; Organizational Documents.
Section 35-20-5 Organization of associations; filing requirements; rulemaking authority; organizational documents. (a) On or after January 1, 2016, a homeowners’ association created pursuant to a declaration shall be organized as a nonprofit corporation pursuant to Chapter 3 of Title 10A, and shall be governed in all respects as a nonprofit corporation. (b)(1) A homeowners’ association, […]
Section 35-20-6 – Formation of Association.
Section 35-20-6 Formation of association. A homeowners’ association provided for in a declaration and subject to this chapter shall be formed prior to the conveyance of any lot in the development by the declarant. (Act 2015-292, §6.)
Section 35-20-7 – Election of a Board of Directors and Officers; Modification of Declaration.
Section 35-20-7 Election of a board of directors and officers; modification of declaration. A declaration or the governing documents of a homeowners’ association may provide for a period in which the declarant will maintain control of the election of directors and officers of the association and a right to reasonably alter, amend, or modify the […]
Section 35-20-8 – Priority of Declaration.
Section 35-20-8 Priority of declaration. If a conflict exists between the declaration and the governing documents of a homeowners’ association, the declaration prevails, except to the extent that the declaration is inconsistent with this chapter. (Act 2015-292, §8.)
Section 35-20-9 – Notice of Election.
Section 35-20-9 Notice of election. (a) Within 120 days of the date the members have the right to elect a board of directors pursuant to the declaration or other governing documents of the association to elect a board of directors, the declarant shall give written notice pursuant to Section 10A-3-2.03 of a special meeting of […]