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 that any association formed after January 1, 2016, to organize under the Alabama Nonprofit Corporation Act, including all duties, requirements, obligations, rights, and privileges under the act and would require the filing of certain association documents with the Secretary of State.
This bill would require the Secretary of State to implement and maintain an electronic database, organized by association name, accessible by the public through the Secretary of State's website which provides the capability to search and retrieve association filings.
This bill would authorize a homeowners' association to adopt and enforce reasonable rules regarding the use of the common areas.
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 for an award of attorney's fees to prevailing parties in civil actions commenced to enforce rights under the act, including the enforcement of a lien.
State Government first Amendment Offered
Delivered to Governor at 2:56 p.m. on May 26, 2015.
State Government second Amendment Offered
Assigned Act No. 2015-292.
Clerk of the House Certification
Signature Requested
Enrolled
Concurred in Second House Amendment
McCutcheon motion to Concur In and Adopt adopted Roll Call 1027
Concurrence Requested
Motion to Read a Third Time and Pass adopted Roll Call 1128
Motion to Adopt adopted Roll Call 1127
Judiciary Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar 1 amendment
Read for the first time and referred to the Senate committee on Judiciary
Engrossed
Cosponsors Added
Motion to Read a Third Time and Pass adopted Roll Call 589
Motion to Adopt adopted Roll Call 588
McCutcheon Amendment Offered
McCutcheon motion to Table adopted Roll Call 587
SG Amendment #2 Offered
McCutcheon motion to Table adopted Roll Call 586
SG Amendment #1 Offered
Motion to Adopt adopted Roll Call 585
State Government first Substitute Offered
Third Reading Passed
Read for the second time and placed on the calendar with 1 substitute and 2 amendments
Read for the first time and referred to the House of Representatives committee on State Government
Source: Alabama Legislature