State compliance guides / Alabama
Alabama HOA violation letters: what the law requires
Alabama's HOA Act is mostly an organizational and registration statute — it does not create a detailed violation-notice or fine-cap regime. It applies to developments whose declarations were recorded on or after January 1, 2016 (or older associations that opt in), and for those it permits the board, where the governing documents authorize it, to assess reasonable penalties after the member has an opportunity to be heard. Older Alabama HOAs are governed by their recorded covenants and nonprofit corporation law.
Before you send: Alabama notice requirements
Alabama Homeowners' Association Act (Ala. Code §35-20-1 et seq.); condominiums under the Alabama Uniform Condominium Act (§35-8A)
- Confirm the Act applies: it covers developments with declarations recorded on or after January 1, 2016, plus earlier associations that elect by majority vote to be governed by it (Ala. Code §35-20-3).
- For covered associations, assess penalties only to the extent authorized by the declaration and governing documents (Ala. Code §35-20-11(a)).
- Give the member an opportunity to be heard — and to be represented by counsel — before the board assesses a reasonable penalty (Ala. Code §35-20-11(a)(2)).
- For associations outside the Act (most pre-2016 communities), follow the enforcement procedure in the recorded covenants and bylaws — Alabama statute generally does not prescribe notice, hearing, or cure steps for them.
- Condominium associations follow the Alabama Uniform Condominium Act (Ala. Code §35-8A) rather than the HOA Act.
Fines: Alabama sets no statutory dollar cap. For Act-covered associations, penalties must be reasonable and authorized by the governing documents (§35-20-11); for everyone else, fine authority and limits come entirely from the recorded declaration.
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Alabama HOA letter FAQ
Does an Alabama HOA have to send a violation letter before fining?
For associations covered by the 2015 Act, the member must be given an opportunity to be heard — with counsel if they choose — before a penalty is assessed (§35-20-11(a)(2)). For older communities, any notice requirement generally comes from the covenants, not statute.
Is there a cap on HOA fines in Alabama?
No. Alabama law requires only that penalties under the Act be reasonable and authorized by the governing documents; there is no statutory dollar cap.
Does Alabama have a comprehensive HOA law?
Not really. The Homeowners' Association Act mainly governs formation, registration with the Secretary of State, and records for post-2015 associations. Day-to-day enforcement is generally governed by each community's recorded declaration and nonprofit corporation law.
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Official sources
- Code of Alabama, Title 35, Chapter 20 (official ALISON portal)
- Alabama Secretary of State — Homeowners' Associations
Last reviewed against the sources above on 2026-07-11.
This guide summarizes commonly applicable rules for general information only — it is not legal advice, statutes change, and your governing documents may impose different procedures. Confirm current law with a licensed Alabama attorney before taking enforcement action.