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Alabama
Rules and Regulations for a Condominium Association

Alabama Rules and Regulations for a Condominium Association

Q: How do I get rid of my HOA in Alabama?

Dissolving a Homeowners&#039; or Community Association (HOA)Majority of Members Must Consent to Dissolution of HOA.Third-Party Rights and Agreements Must Be Honored in Dissolving HOA.Local Government Permitting Conditions Must Be Honored in Dissolving HOA.Internal HOA Dissolution Procedures Must Be Followed.More items...?

Category:

Real Estate - Community Associations

State:

Multi-State

Control #:

US-1133BG

Format:

Instant download

Description

Rules and regulations are important tools for protecting condominium, townhouse or homeowner's associations. If properly enacted and enforced, they will enhance property values and create a pleasant living environment in the association. If rules and regulations are not adopted and enforced properly, they can create bitter divisions within the association and cost the association money in legal fees. If there is a standard that governs adoption and enforcement of rules and regulations, it is that rules and regulations, and their enforcement, must be fair, reasonable, and equitable. Any deviation from this standard will create legal problems. It must be remembered that when enforcing rules the Association bears the burden of establishing their reasonableness. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Who regulates HOAs in Alabama? HOAs are not regulated in Alabama. New HOAs formed after January 1, 2016 are required to file certain disclosure documents with the local Probate Judge's Office for them to transmit to the Secretary of State for posting here.

What About Alabama HOAs? HOAs are given a lien for past due assessments under Ala. Code § 35-20-12. However, the lien created by this statute is expressly subordinate to deeds of trust securing an indebtedness. Thus, HOAs in Alabama do not have a statutory super-priority lien.

If you fail to pay your HOA or COA assessments in Alabama, the association can get a lien on your property and might foreclose on your home.

Dissolving a Homeowners' or Community Association (HOA)Majority of Members Must Consent to Dissolution of HOA.Third-Party Rights and Agreements Must Be Honored in Dissolving HOA.Local Government Permitting Conditions Must Be Honored in Dissolving HOA.Internal HOA Dissolution Procedures Must Be Followed.More items...?

Call an association meeting and ask for a vote on dissolving the HOA. If approved, have the agreeing members sign the termination agreement. Settle any debts, dispose of assets belonging to the HOA, and file the necessary documentation with the SOS to complete the dissolution.

In many jurisdictions, depending on applicable state law, the standard rule is that 80 percent of the members of the community must vote in favor of dissolving the HOA. This is typically the case, unless the HOA documents state otherwise or provide for a different rule.

Do I have a right to know the names of the people who lodged the complaints? A: You can ask, but they are not required to tell you. Some HOAs will take anonymous complaints.

If you fail to pay your HOA or COA assessments in Alabama, the association can get a lien on your property and might foreclose on your home.

Maintaining Common Areas: The HOA assumes responsibility for common areas whether green spaces, amenities, or community buildings. They repair any damages, replace or upgrade systems, and ensure proper aesthetics and safety.