HB137 Alabama 2014 Session

Summary

Primary Sponsor

Mac McCutcheon Representative

Republican

Co-Sponsors

Terri CollinsMike Ball

Session

Regular Session 2014

Title

Homeowners' Associations, disclosure of certain financial information to association board by declarant required, maintenance of association records, inspection by members, meeting requirements, enforcement of rules, assessment of charges for violations, liens, Alabama Homeowners' Association Act

Description

This bill would create the Alabama Homeowners' Association Act to govern homeowners' associations responsible for the maintenance of common areas of a residential development and with the authority to levy assessments that are enforceable as liens against real property.

This bill would require the declarant of a real property residential development to disclose financial and other information relating to the development to the board of directors of a homeowners' association.

This bill would require a homeowners' association to maintain detailed records of receipts and expenditures affecting the operation and administration of the association, and would authorize the inspection of these records by members of the association under certain conditions.

This bill would provide for annual, open meetings, including special or emergency meetings, by the association and notice to members of future meetings of the association.

This bill would require the board of directors of a homeowners' association to establish a reasonable method for lot owners to communicate among themselves and with the board of directors regarding any matter concerning the association.

This bill would require a homeowners' association to register annually with the Alabama Real Estate Commission and would authorize the commission to develop alternative dispute resolution programs to address disputes between associations and lot owners.

This bill would authorize a homeowners' association to adopt and enforce rules regarding the use of the common areas and any other areas of responsibility assigned to the association by the declaration, including the power to assess charges against any member for any violation of the declaration or association rules.

This bill would authorize a homeowners' association to initiate a suit in circuit court to recover assessed charges or to obtain injunctive or other relief for violations of the declaration or association rules, or to pursue arbitration of disputes or other means of alternative dispute resolution, if authorized by the declaration or bylaws.

This bill would provide that an association will have a lien on every lot for unpaid assessments levied against that lot provided that the lien is properly recorded and notice is afforded to the owner of the lot.

This bill would also provide that a judgment enforcing a lien may include reimbursement for costs, interest, and reasonable attorney's fees of the prevailing party.

Subjects

Property, Real and Personal