Alabama Community Association Laws
HOAs (Ch. 35-20), Condominiums (Ch. 35-8A / pre-1991 Ch. 35-8), nonprofit corporations (Title 10A), landlord-tenant (Ch. 35-9A), Secretary of State & AREC. Reference hub
Alabama’s approach is light-touch compared to states with centralized condo/HOA oversight. New HOAs formed on or after January 1, 2016 operate under the Homeowners’ Association Act (Ch. 35-20), which layers corporate-style procedures and public filings via the Secretary of State. Condominiums rely on the Uniform Condominium Act (post-1991) with older condos under the prior Chapter 35-8. There’s no statewide ombudsman or arbitration system; most disputes move through the governing documents and the courts. The net effect is a lean statutory framework that rewards clear documents and diligent board process.
At a glance
- HOAs: Ch. 35-20 (nonprofit form, board powers, records, assessment liens).
- Condos: Ch. 35-8A (post-1991) / Ch. 35-8 (pre-1991).
- Corporate law: Title 10A (nonprofit corporations).
- Landlord-tenant (parks/leases): Ch. 35-9A (URLTA; deposits, habitability, remedies).
- Regulators: Secretary of State (HOA filings) & Alabama Real Estate Commission (broker licensing).
Primary Statutes
Homeowners’ Associations — Chapter 35-20
Nonprofit form; board elections/powers; liens; records; SOS public filing.
Condominiums — Chapter 35-8A (Uniform Condominium Act)
Applies to condos created after Jan 1, 1991; select provisions apply to older condos.
Condominium Ownership Act — Chapter 35-8 (pre-1991)
Governs condominiums created before Jan 1, 1991.
Uniform Residential Landlord & Tenant Act — Chapter 35-9A
Deposits, habitability, access, nonpayment/eviction remedies (often relevant in leased lots/parks).
Corporate Acts — Title 10A (Nonprofit Corporations)
Formation, bylaws, boards, meetings & records for nonprofit HOAs/associations.
Popular Sections (direct links)
HOA (Ch. 35-20)
Condominium (Ch. 35-8A)
Landlord-Tenant (Ch. 35-9A)
Manufactured Housing (Title 24)
Administrative Rules (Alabama Administrative Code)
Alabama has fewer association-specific rules; these are the ones most boards encounter.
HOA filings (SOS 820-5-1)
AREC licensure (condo offices)
Manufactured housing
Manager / Broker Licensing
Is a “CAM” license required in Alabama?
- No dedicated CAM license. Community-association managers are not separately licensed by the state.
- Real-estate licensure may be required if activities constitute brokerage/lease work (AREC jurisdiction).
AREC — License law & rules
AREC Admin Code (PDF)
Many HOAs hire management companies; verify any required broker licensing with AREC.
For professional credentials
Governing Documents & Overlays
- Docs hierarchy: Articles (10A), recorded plat & Declaration/CC&Rs, Bylaws, Rules/Resolutions.
- Federal overlays: Fair Housing Act; ADA (where applicable); FDCPA (collections); FCC OTARD (antennas).
- State/local overlays: Building codes, stormwater, pool ops, local ordinances.
- Conflicts: Statutes generally control over contrary document provisions; consult counsel for interpretation.
Key Agencies
Alabama Secretary of State — Business Services
- Scope: Receives HOA filings required by §35-20-5; maintains public database.
Alabama Real Estate Commission (AREC)
- Scope: Real-estate licensing (brokerage/management tasks involving leasing/sales).
Alabama Manufactured Housing Commission
Disclaimer
This page is a general reference and not legal advice. Laws and rules change; always verify the current text on the linked official sources and consult qualified counsel for your situation.
Last updated: September 9, 2025