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Alabama HOA/POA advice please
Posted on 9/6/25 at 1:46 pm
Posted on 9/6/25 at 1:46 pm
Our usually quiet Property Owners Association has recently disclosed some expensive maintenance needs. They do not often hold meetings or elections, and the "board" is a few old guys here since the beginning.
The POA is from ~1991 and has not been elected into Alabama's 2016 HOA laws, which evidently do not cover existing older HOA/POA . It seems before the 2016 law, the HOA was entirely voluntary and basically has no teeth. Has anybody else dealt with Alabama POA/HOA issues regarding associations formed before the 2016 law and not opted into it?
I cannot find anything in the purchase agreement that gives much legitimacy to said agreement, seems very tenuous to me.
The POA is from ~1991 and has not been elected into Alabama's 2016 HOA laws, which evidently do not cover existing older HOA/POA . It seems before the 2016 law, the HOA was entirely voluntary and basically has no teeth. Has anybody else dealt with Alabama POA/HOA issues regarding associations formed before the 2016 law and not opted into it?
I cannot find anything in the purchase agreement that gives much legitimacy to said agreement, seems very tenuous to me.
9
Posted on 9/6/25 at 1:50 pm to tadman
Read the play map and see if there was any covenant agreement filed with clerk of court office.
Posted on 9/6/25 at 1:52 pm to tadman
Move
Posted on 9/6/25 at 1:53 pm to tadman
Never buy a property in an HOA. Problem solved. HOAs are almost always run by idiots
Posted on 9/6/25 at 1:55 pm to tadman
How much baw? Condo in Orange Beach got hit with a 145k per unit special assessment a few years ago.
Posted on 9/6/25 at 1:55 pm to tadman
I don't think there is a specific state office that regulates HOA in AL but you can go to Sec of State website.
Use their search function for HOA or community names to find official filings, contact details, and the HOA's governing documents.
You may can contact the Dept of Housing & get some info.
Use their search function for HOA or community names to find official filings, contact details, and the HOA's governing documents.
You may can contact the Dept of Housing & get some info.
Posted on 9/6/25 at 2:03 pm to tadman
On the other hand, 35 years is a long time with no maintenance. There may be some things that need work.
Posted on 9/6/25 at 2:29 pm to Cregg
quote:
Condo in Orange Beach got hit with a 145k per unit special assessment a few years ago.
Ouch, that’s steep. But condo fees are different than HOA fees/assessments. In a condo all owners are responsible for maintaining the overall structure. If one of those beach towers were to need serious structural repairs, I could see this.
Posted on 9/6/25 at 2:58 pm to SloaneRanger
quote:
Ouch, that’s steep. But condo fees are different than HOA fees/assessments. In a condo all owners are responsible for maintaining the overall structure. If one of those beach towers were to need serious structural repairs, I could see this.
There’s a finite lifespan to a stucco high rise exterior in a beach salt/wind zone.
135 is rough but pretty common across the border in FL where they mandated inspections after the condo collapse a few years ago.
Posted on 9/6/25 at 3:19 pm to TheOcean
quote:
HOAs are almost always run by idiots
Can confirm, I was President of ours for several years.
Posted on 9/6/25 at 3:38 pm to tadman
IANAL so take this as two buddies shooting the shite over a bourbon near the fire...
What are the maintenance needs? Cost etc. Can the neighborhood do without them? If reasonable I might entertain the idea of playing along to get along.
However I bet one could make an argument that the agreement is invalid if the board has not held meetings/elections or haven't enforced the rules of the POA. I do know of instances where lack of enforcement made HOA/POA rules invalid.
I'm not from AL nor have I lived there.
What are the maintenance needs? Cost etc. Can the neighborhood do without them? If reasonable I might entertain the idea of playing along to get along.
However I bet one could make an argument that the agreement is invalid if the board has not held meetings/elections or haven't enforced the rules of the POA. I do know of instances where lack of enforcement made HOA/POA rules invalid.
I'm not from AL nor have I lived there.
This post was edited on 9/6/25 at 3:39 pm
Posted on 9/6/25 at 6:45 pm to NBR_Exile
voluntary hoa's can be useful.
I would not belong to a mandatory
I would not belong to a mandatory
Posted on 9/6/25 at 6:51 pm to Trevaylin
quote:
I would not belong to a mandatory
HOA's can be very useful in maintaining the integrity of a neighborhood. Not all HOA's are shitty. The one I live in is fine and our 'hood is well taken care of.
Posted on 9/7/25 at 6:29 am to Cregg
quote:after that Miami condo collapsed , this began happening a lot
How much baw? Condo in Orange Beach got hit with a 145k per unit special assessment a few years ago.
Posted on 9/7/25 at 6:38 am to tadman
If they tell you to take the classic Gremlin off the blocks in the driveway, tell them to get fricked.
Posted on 9/7/25 at 8:12 am to tadman
Was your property subject to the CCRs when it was needed to you? Do you own any undivided interest in any community property?
I was not an Alabama attorney but did deal with a troublesome rural resort type HOA in the NW part of the state. I don't envy you.
I was not an Alabama attorney but did deal with a troublesome rural resort type HOA in the NW part of the state. I don't envy you.
Posted on 9/7/25 at 10:26 am to Gravitiger
what services provided by an hoa are not covered by county zoning ordinances?
Posted on 9/7/25 at 11:12 am to Trevaylin
quote:
what services provided by an hoa are not covered by county zoning ordinances?
Outside of city municipalities many counties don't have zoning ordinances. My county Lee in MS the only thing the county zoning ordinance covers is where & how many mobile homes can have on a parcel of land.
Posted on 9/7/25 at 11:14 am to TheOcean
quote:
Never buy a property in an HOA
Posted on 9/7/25 at 11:16 am to NBR_Exile
quote:
IANAL
The frick
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