HOA, COA, TOA, POA?
There are some specific laws for different types of associations, but all associations enjoy the benefit of Alabama contract law, case precedent, and other protections that every person and entity in Alabama has.
There are specific laws for Homeowner Associations and for Condo Associations and these laws depend on the choices of the association and year the association was registered with the state. Townhome associations and Property associations aren't specifically addressed in Alabama code so they fall under the old (pre2016) Alabama homeowner association law. Regardless of what the association calls itself, the recorded Covenant or Agreement can make specific rules and declarations, and these are typically enforceable unless they conflict with a higher rule, such as state laws.
Some Laws you might not realize Apply to your Association
Alabama Nonprofit Corporation Law, Ala. Code § 10A-3-1.01, et. seq.: The Act governs nonprofit corporations with regard to corporate structure and procedure. Homeowners’ associations created after January 1, 2016, must be organized as nonprofit corporations under Ala. Code § 35-20-5(a). Condominium associations may be organized as profit or nonprofit corporations. Ala. Code § 35-8A-301.
Alabama Fair Housing Law, Ala. Code §§ 24-8-1, et. seq.: This law protects people's right to have access to all housing opportunities without discrimination based on race, color, religion, sex, handicap, familial status, or national origin. The Act provides state-level protections similar to the federal Fair Housing Act (FHA).
Alabama Rights Of Blind And Otherwise Physically Disabled Persons, Ala. Code § 21-7-1, et. seq.: The law prohibits discrimination against persons with disabilities in public accommodations like the Americans with Disability Act (“ADA”), so its application is usually limited to publicly-accessible commons areas in the community.
Under Alabama’s law, specially trained dogs belonging to a disabled person must be permitted into any common area in which the owner is permitted. Extra charges for a service animal are not permitted, but the owner is liable for any damage done to the premises or another person. See also Ala. Code §§ 3-1-7 and 3-7A-9(g).
Alabama Condominium Act, Ala. Code § 35-8-1, et. seq.: The Act governs the formation, management, powers, and operation of condominium associations created before January 1, 1991.
Alabama Uniform Condominium Act of 1991, Ala. Code § 35-8A-101, et. seq.: The Act governs all condominiums created after January 1, 1991. However, some sections of this chapter may also apply to condominiums formed before said date.
Alabama Homeowners' Association Act, Ala. Code § 35-20-1, et. seq.: The law governs the formation, management, powers, and operation of residential homeowners’ associations created after January 1, 2016, and any association formed before that time that elects to be governed by this chapter in its declaration.
The guidelines for associations formed after 2016, and those smart enough to opt into these rules that restrict the authority of pre-2016 associations.
Contact a Stanley & Associates attorney here and remember, don't take legal advice from internet websites. Speak to an attorney.
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