QUICK SUMMARY
The short answer is that in Alabama you almost never get to choose. If the neighborhood you are buying in has a recorded declaration of covenants that creates a homeowners association, membership runs with the land — it binds whoever owns the lot, including you. The Alabama Homeowners’ Association Act (Act 2015-292, codified at Code of Alabama §§35-20-1 through 35-20-14) governs associations whose declaration was recorded on or after January 1, 2016, and it requires those associations to register as nonprofit corporations with the Alabama Secretary of State. Older associations are not automatically covered, but they can vote to opt in. The practical takeaway for buyers: read the declaration before your contingency period ends, because unpaid dues can become a lien on your lot.
Key takeaways. Four things worth knowing before you write an offer in an HOA neighborhood.
1. You cannot opt out. A recorded declaration binds the lot, not the previous owner personally.
2. The January 1, 2016 date matters. It decides whether the state Act and its filing requirements apply at all.
3. Newer associations are searchable. Associations covered by the Act file their covenants and bylaws with the Secretary of State, and that database is public.
4. Unpaid dues become a lien. Under §35-20-12 the association has a lien on the lot, and it can be foreclosed.
CITY RULES TOO
HOA covenants are not the only rules that shape how you use a home. Some cities regulate home businesses directly. For one example, see Mountain Brook home business rules for buyers.
What does the Alabama Homeowners’ Association Act actually cover?
The Act was passed on June 2, 2015 and took effect January 1, 2016. The Alabama Secretary of State adopted administrative rules to carry it out that became effective April 18, 2016.
Its reach is narrower than most buyers assume. Under §35-20-3, the chapter applies to developments subject to a declaration providing for a homeowners association that was recorded in the county probate office on or after January 1, 2016. An association formed before that date is not automatically governed by the Act — but it may elect to be, by a majority vote of its members.
The Act also carves several things out entirely. It does not apply to commercial, industrial, or other nonresidential developments; to associations regulated under Alabama’s condominium chapters (Title 35, Chapters 8 and 8A); or to real estate cooperatives, time-share developments, and campgrounds. If you are buying a condo in Alabama, a different body of law governs your association, which is a distinction that trips up a lot of buyers moving here from other states.
For associations that are covered, §35-20-5 requires the association to be organized as a nonprofit corporation and to file its organizational documents with the Secretary of State — including its bylaws or other governing documents and the original covenants, conditions, or restrictions.
Not sure whether the neighborhood you are looking at has an association, or what it controls? Ask us before you write the offer — West Alabama 205-292-2108, Greater Birmingham 205-292-7142.
How do I find out if a neighborhood has an HOA — and read its rules?
There are three reliable places to look, and we generally check all three.
1. The county probate office. The declaration of covenants is a recorded land document. In Tuscaloosa County it is recorded with the Probate Judge; in Jefferson and Shelby counties, the same. This is the authoritative copy, and it is the one that binds the lot.
2. The Alabama Secretary of State’s HOA database. Associations covered by the Act file their formation documents, bylaws, and original covenants with the state, and the filings are searchable by the public. For a neighborhood platted in the last decade, this is often the fastest way to see the actual rules.
3. The association or its management company. This is where you get the things the recorded documents will not tell you — current dues, the reserve balance, any special assessment under discussion, and whether there is pending litigation.
That third item is the one buyers skip and later regret. A declaration recorded in 2018 tells you what the association may charge. It does not tell you what it is charging in 2026, or whether the board is about to assess every lot for a road repaving.
Can an Alabama HOA put a lien on my house?
Yes — and this is the single most important thing for a buyer or seller to understand.
Under §35-20-12, unless the declaration says otherwise, the association automatically has a lien on every lot for unpaid assessments, arising from the date the assessment is due. The association has to record a verified statement of lien in the probate office of the county where the lot sits within 12 months of the assessment becoming due, and it must give the owner at least 30 days’ written notice by certified mail before recording it.
The statute also sets the lien’s place in line. It has priority over later liens and encumbrances, except state and county ad valorem taxes, municipal improvement assessments, UCC fixture filings, mortgages, and deeds of trust securing an indebtedness. So your mortgage still outranks it — but very little else does.
If the association sues to enforce the lien, the court can order the lot sold, with notice of the sale published once a week for three straight weeks in a newspaper in that county.
In practice, this is why the closing attorney’s title search matters so much. Unpaid dues from a prior owner can surface as a recorded lien that has to be cleared before you can take clean title — which is one of the costs we walk sellers through in our guide to what it costs to sell a house in Alabama.
What should I ask before I make an offer in an HOA neighborhood?
A short list that catches most of the problems:
What are the dues, how often, and when did they last go up? A dues history tells you more than the current number.
Is there a transfer, initiation, or capital contribution fee at closing? Many Alabama declarations include one, and it is often not in the listing.
Are there rental restrictions? This decides whether the house can ever be a rental — a live question for investors and for parents buying near campus.
What needs architectural approval? Fences, outbuildings, exterior paint, solar panels, and boat or RV parking are the usual flashpoints.
Who maintains what? Detention ponds, private streets, entrance landscaping, and shared drives are where surprise assessments come from.
Is the developer still in control? In a neighborhood still being built out, the builder often controls the board until a set percentage of lots sell.
Remember that Alabama is still largely a caveat emptor state for residential resales, which we cover in detail in our guide to seller disclosure rules in Alabama. The duty to ask is mostly on the buyer, and that applies to HOA documents just as much as to the roof.
How do HOAs actually show up in West Alabama and Greater Birmingham?
The pattern across the two markets The Williams Group at Keller Williams Realty serves is uneven, and it matters when you are comparing neighborhoods.
In Tuscaloosa and Northport, association coverage is patchy. Established in-town neighborhoods around the University of Alabama and the older parts of Northport frequently have covenants that predate 2016 — sometimes decades older — with a dormant or informal association and low or no dues. Newer subdivisions along the Highway 69 North and Highway 82 corridors, and much of the recent development toward Lake Tuscaloosa, are far more likely to have a modern recorded declaration with an active board, mandatory dues, and architectural review. Out in the unincorporated county — Coker, Duncanville, Vance, parts of Brookwood — a lot of acreage has no association at all, which is one reason buyers who want no restrictions look there.
In the Greater Birmingham suburbs, the split is different. Much of the older housing stock in Homewood and Mountain Brook was platted long before mandatory-dues associations were common, so restrictions may exist without an active HOA collecting money. Meanwhile the newer master-planned sections of Hoover, Trussville, and McCalla very often do have full-featured associations with amenity dues attached to a pool, clubhouse, or trail system.
The practical effect: two houses at the same price in the same metro can carry a difference of well over a thousand dollars a year in carrying cost purely because of dues. That belongs in your budget alongside taxes and insurance — see our breakdowns of Alabama property taxes and the homestead exemption and homeowners insurance in Alabama.
Comparing two neighborhoods and trying to work out the real monthly cost of each? We will pull the covenants and the dues for both. Start with a free home valuation or call us directly.
BUYING A HOME WITH SOLAR?
Solar panels are one of the most common architectural-approval questions, and in Alabama they come with their own math. Our guide to buying or selling a house with solar panels in Alabama covers Alabama Power’s monthly capacity charge, leased systems and what to ask for before you make an offer.
Frequently asked questions about Alabama HOAs
Can I refuse to join an HOA in Alabama?
Generally no, if the association was created by a declaration recorded against the property. Those covenants run with the land, so buying the lot makes you a member and obligates you to the assessments. The rare exception is a genuinely voluntary neighborhood association — a social or civic group with no recorded declaration binding your lot. Confirm which one you are dealing with by reading the recorded documents, not by asking a neighbor.
Does the Alabama Homeowners’ Association Act apply to my older neighborhood?
Only if the association elects it. Under §35-20-3, the Act applies to declarations recorded on or after January 1, 2016. An association formed before that date can bring itself under the Act by a majority vote of its members, but it is not required to. If your neighborhood predates 2016 and has not opted in, your rights come mainly from the declaration itself and from Alabama nonprofit corporation law.
What happens to unpaid HOA dues when a house sells?
They usually have to be paid at closing. The association’s lien attaches to the lot, so a title search will pick up a recorded statement of lien and the closing attorney will require it to be satisfied before clear title passes. Sellers should request a written payoff or estoppel figure from the association early, because management companies often take a week or more to produce one.
Can an Alabama HOA foreclose on my home over dues?
The statute permits it. Section 35-20-12 lets an association file suit to enforce its lien, and a court may order the lot sold after notice published weekly for three consecutive weeks. In practice most disputes settle long before that, but the remedy exists, which is why an unpaid-dues dispute should never be ignored.
Do condominiums follow the same rules?
No. Section 35-20-3 expressly excludes associations regulated under Chapters 8 and 8A of Title 35, which are Alabama’s condominium statutes. Condo owners’ associations operate under that separate framework, so the filing requirements and lien mechanics described here do not map cleanly onto a condo purchase.
This article explains general Alabama law and is not legal advice. For a specific declaration or a dispute with an association, talk to an Alabama real estate attorney.
Last updated: September 2026.
Want the covenants pulled before you write the offer?
The Williams Group at Keller Williams Realty works in both West Alabama and Greater Birmingham, and reading a declaration before the contingency period runs out is part of how we represent buyers. Ask us and we will get it.
West Alabama 205-292-2108Birmingham 205-292-7142Get a Free Home Valuation
Follow The Williams Group
Daily market updates, new listings, open houses and life around West Alabama & Greater Birmingham:
FacebookInstagramTikTokLinkedInYouTube
See why neighbors trust us on our reviews page · West Alabama 205-292-2108 · Greater Birmingham 205-292-7142
Sources
Alabama Secretary of State, Homeowners’ Associations (Act 2015-292; filing requirements and fees)
Code of Alabama, §35-20-3, Applicability of Chapter
Code of Alabama, §35-20-5, Organization of Associations; Filing Requirements
Code of Alabama, §35-20-12, Liens for Unpaid Assessments