Alabama HOA Laws 2026: Alabama Uniform Condominium Act & HOA Governance (Ala. Code § 35-20-1)

Alabama is one of the lighter-regulated HOA states in the Southeast. Alabama condominiums are governed under the Alabama Uniform Condominium Act (Ala. Code §§ 35-8A-101 through 35-8A-414), which is based on the Uniform Condominium Act. Planned community HOAs in Alabama operate under their CC&Rs and Alabama nonprofit corporation law. There is no Alabama Planned Community Act.

Alabama Uniform Condominium Act

Alabama's Uniform Condominium Act provides the legal framework for condominiums including the declaration requirements, unit owner rights, the executive board, assessment authority, and lien rights for unpaid assessments. The Act is comprehensive for condominiums — much more so than most other Alabama HOA law. Alabama condominium associations have a statutory lien for unpaid assessments, perfected by recording in the county probate court.

Planned Community HOAs: CC&Rs as Primary Law

Alabama does not have a Planned Community Act. Single-family subdivision HOAs operate entirely under their CC&Rs and Alabama nonprofit corporation law (Ala. Code §§ 10A-20-1.01 et seq.). Alabama courts have a long history of enforcing CC&R restrictive covenants as deed restrictions — provided they are clearly stated, do not violate public policy, and are applied consistently.

Assessment Liens in Alabama

For condominiums, the Uniform Condominium Act provides statutory lien rights (Ala. Code § 35-8A-316). For planned community HOAs, lien rights must be expressly stated in the CC&Rs. Alabama allows both judicial and (in some cases) non-judicial foreclosure of HOA assessment liens, depending on the CC&R language and the nature of the lien.

Enforcement and Fine Procedures

Alabama has no statutory fine procedures for planned community HOAs. Enforcement is entirely governed by the CC&Rs and bylaws. Courts apply the business judgment rule to HOA enforcement decisions. Essential elements: written violation notice citing the specific CC&R provision, a reasonable cure period (typically 14-30 days), and consistent application across all owners.

2026 Guidance for Alabama Boards

• Condos: follow the Alabama Uniform Condominium Act for lien and governance procedures
• Planned communities: CC&Rs are your only governance authority
• Review CC&Rs for express lien rights — add them by amendment if missing
• Apply all restrictions consistently to avoid selective enforcement claims
• Keep meeting minutes, financial records, and enforcement notices in permanent files
• Consult an attorney before pursuing foreclosure actions