Homeowners' Associations Frequently Asked Questions

Is membership in an HOA mandatory?
Yes in some and no in others. Each HOA is different.

Who can tell me about any pending assessments and annual dues of an HOA?
Contact the subdivision office, an officer of the HOA or ask your licensed real estate professional for assistance in locating this information.

What are some of the requirements and limitations HOAs can mandate?
HOAs can have broad authority such as: no pets allowed outside, only certain paint colors allowed, no recreational vehicles parked in driveways, garage doors can be open only 15 minutes, placing a lien on your property for nonpayment of dues or assessments, and many, many others. You should inquire about limitations before you purchase.

Who can give me information about a specific HOA?
Ask your licensed real estate professional, your local Judge of Probate or call/visit the subdivision office. All HOAs have documents on file in the Probate Judge’s office locally. HOAs organized since January 1, 2016 are required to provide HOA documents to be posted on this website.
Click here to search for a specific HOA.

How much authority do HOAs have and what can they require and enforce in Alabama?
Each HOA is different and they have their own governing documents, fees, assessments, rules, lien authority and other penalties. Some HOAs are more or less restrictive. Consumers should ask for the information they need.

What information would help me most if I have access to it?
Articles of incorporation, all governing documents, the original and updated covenants, conditions, restrictions, fee and assessment schedules, annual budget, most recent financial statement, proof of indemnification and insurance for the HOA and officers/directors, proof of fidelity bonds and if there is a periodic audit. You may or may not want to ask for all of these or you may want to ask for additional information.

Are all HOAs in Alabama required to provide information about the HOA to consumers?
No. Only HOAs organized since January 1, 2016.

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. HOAs formed prior to January 1, 2016 are not required to file documents with the Secretary of State BUT they can if they choose to do so.
Click here to search for a specific HOA.