How do I dispute an HOA assessment or fine in Alabama?
Alabama condos created in 1991 or later benefit from the UCIOA-based 1991 Act, but HOAs and older condos rely on declarations and general property law.
1. Governing Statute
2. CC&Rs and Bylaws
Recorded declaration, bylaws, and rules. Amendments require percentage specified (at least 67% under the 1991 Act). Restrictive covenants are strictly construed in favor of free use of property (Lange v. Scofield, 567 So. 2d 1299).
3. Common Disputes
Architectural changes, fencing, exterior color, parking, pets, lease restrictions, assessment increases, fines, late fees.
4. Internal Dispute Resolution
The 1991 Act requires the association to provide notice and an opportunity to be heard before imposing a fine or suspending privileges (§ 35-8A-302(a)(11)). Older condos and HOAs follow the declaration.
5. Alternative Dispute Resolution
ADR is not statutorily mandated. Many declarations require mediation. Alabama Arbitration Act (Ala. Code § 6-6-1) enforces arbitration clauses.
6. Lien & Foreclosure
Condo association has a statutory lien for unpaid assessments (§ 35-8A-316). Six months of common expenses have priority over a first mortgage (Alabama super-lien — § 35-8A-316(b)). Foreclosure may be nonjudicial under power of sale (the same process as mortgage foreclosure under Ala. Code § 35-10-11) or judicial. Owner has a 1-year statutory right of redemption for residential property (Ala. Code § 6-5-248).
7. Open Meeting & Record Inspection
Condo board meetings are open to unit owners except for executive session (§ 35-8A-308). Owners may inspect financial records, minutes, contracts, the membership list, and ballots (§ 35-8A-318).
8. Statutory Caps
Solar (no state-wide statutory protection against HOA restrictions; check declaration). Flag display (federal Freedom to Display Act). Satellite dishes (federal OTARD).
9. Lawsuit Remedies
Declaratory judgment (Ala. Code § 6-6-220), injunction, breach of fiduciary duty against directors (Ala. Code § 10A-3-2.43 — nonprofit corp duty of care), and attorney's fees when the declaration, bylaws, or statute (§ 35-8A-316(g)) provide.
This is legal information, not legal advice.
- Notice of nonjudicial foreclosure sale received
- Disputed special assessment that the board claims is for emergency repair
- Selective enforcement evidence and disparate treatment
- Ala. Code §§ 35-8A-101 to 35-8A-417 (1991 Condominium Act)
- Ala. Code §§ 35-8-1 to 35-8-23 (older Condominium Act)
- Ala. Code § 35-8A-316 (lien & super-lien)
- Ala. Code § 35-10-11 (nonjudicial foreclosure)
- Ala. Code § 6-5-248 (redemption)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.