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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (Homeowners' Association Act)
Most Alabama HOAs whose declaration was recorded with the judge of probate on or after January 1, 2016 fall under the Alabama Homeowners' Association Act (Ala. Code § 35-20-1 et seq.), and associations formed earlier can generally elect into it by a majority vote of members (Ala. Code § 35-20-3). Notably, this Act does not set a statutory percentage for amending the declaration, so the recorded declaration's own amendment clause generally controls the threshold and procedure, and where the governing documents conflict the declaration generally prevails (Ala. Code § 35-20-8). Amendments are generally recorded with the county judge of probate to take effect, and Alabama has not adopted a broader uniform planned-community statute such as the Uniform Planned Community Act.
Condominiums (Alabama Uniform Condominium Act)
Condominiums created after January 1, 1991 are generally governed by the Alabama Uniform Condominium Act of 1991 (Ala. Code § 35-8A-101 et seq.), while older condominiums fall under the earlier Alabama Condominium Ownership Act (Ala. Code § 35-8-1 et seq.). For covered condominiums, the declaration may generally be amended by owners holding at least two-thirds of the votes, or any larger majority the declaration specifies (Ala. Code § 35-8A-217). An amendment is generally effective only once it is recorded in every county where the condominium lies, and challenges to it can generally be brought for up to one year after recording.
How the vote can run
The condominium act expressly allows voting by proxy, which must be dated, is generally void if undated, and lasts at most one year unless it says otherwise (Ala. Code § 35-8A-310); it does not separately address written or electronic ballots, so those typically depend on the bylaws. Because most Alabama associations are incorporated nonprofits, member action by written ballot or written consent and meetings held by remote communication may also be available under the Alabama nonprofit corporation law (Title 10A). Alabama's community-association statutes do not impose a specific secret-ballot rule, so any ballot-confidentiality practices generally come from the governing documents.
Before we quote
Alabama details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Alabama vote has to answer.
Two regimes can apply: the Homeowners' Association Act (Ala. Code § 35-20-1 et seq.) for most post-2016 HOAs, and the Alabama Uniform Condominium Act of 1991 (Ala. Code § 35-8A-101 et seq.) for newer condominiums — the recorded documents tell you which governs.
Alabama has not adopted the Uniform Planned Community Act or UCIOA, so for non-condominium HOAs the recorded declaration (not a statutory percentage) generally sets the amendment threshold.
For condominiums, the statutory default to amend the declaration is at least two-thirds of allocated votes, or a larger majority if the declaration says so (Ala. Code § 35-8A-217).
Certain condominium changes generally require unanimous owner consent — for example increasing the number of units, changing unit boundaries or allocated interests, or changing the permitted use of a unit (Ala. Code § 35-8A-217).
Condominium proxies must be dated, are generally void if undated, expire after one year unless a shorter time is stated, and are revocable only by actual notice to the meeting (Ala. Code § 35-8A-310).
Written-ballot and electronic or remote voting generally come from the bylaws and, for incorporated associations, the Alabama nonprofit corporation law (Title 10A), rather than from the HOA or condominium acts themselves.
Amendments generally take effect only when recorded with the county judge of probate, and a condominium amendment must be recorded in every county where the project lies (Ala. Code § 35-8A-217, § 35-20-3); Alabama associations also file organizational documents with the Secretary of State, but no state agency approves amendments (Ala. Code § 35-20-5).
A condominium declaration may require mortgagee approval for specified actions, and where a lender holds a specified right an amendment affecting it generally needs that lender's consent (Ala. Code § 35-8A-219).
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