Alabama community association education. Reviewed November 4, 2026. General information, not legal advice.
Alabama has an HOA Act
Alabama's Homeowners' Association Act is codified in Title 35, Chapter 20. The Secretary of State identifies January 1, 2016 as its effective date. It is inaccurate to say that Alabama has no HOA statute, but it is also inaccurate to assume every older community automatically falls under the same provisions.
The implementing rules apply to associations recorded on or after January 1, 2016 and earlier associations that elect coverage by a majority of their members. For a Baldwin County board, the first task is to assemble formation and recording history and any election into coverage. Do not infer coverage merely from the age of the newest house or the date a management company was hired.
Organizational records matter
The Secretary of State explains the nonprofit-formation and supplemental-filing requirements for covered associations. Keep the association's legal identity and filed documents consistent with the records used by the board. A website name or subdivision sign is not a substitute for the official entity name.
Recorded covenants, amendments, bylaws and current architectural regulations should be easy to locate. They help establish authority, maintenance obligations and decision procedures. Corporate law and other applicable laws also need review, especially for communities outside Chapter 20 coverage. This guide does not attempt to establish every nonprofit or condominium requirement.
Understand the covered-HOA records rule
Section 35-20-13 requires covered associations to make specified records and information available to members or potential purchasers upon written request within a reasonable time, no more than 30 days, with reasonable associated costs. The statute permits paper or electronic delivery and directing the requester to the location of applicable public records.
The listed information includes current and approved pending assessments, common areas supported by dues, the operating budget, reserve funds if any, and the prior fiscal year's financial condition. Insurance, association loans and collateral, current officer or agent contact information, governing documents, architectural controls and certain closing fees also appear in the list.
The public-record qualification matters for the specified litigation and dispute information. Do not read a disclosure list as permission to release privileged advice or every private document associated with a dispute. Conversely, do not substitute a generic statement that all records are confidential for the required analysis.
Board checklist
Confirm formation, recording and opt-in history with counsel. Maintain current organizational filings and a usable document index. Log written records requests and assign a response owner. Identify the statutory categories requested and any reasonable costs. Provide a specific public-record location when using that option. Keep the response evidence.
Do not import Florida records-access deadlines, condominium reserve-study program or fine caps into an Alabama HOA policy. Alabama condominium law requires separate analysis. A local association benefits from a clear, verified process tailored to its own legal form and documents, not a renamed checklist from another state.