HB241 Alabama 2015 Session

Sponsors

Session

Regular Session 2015

Title

Homeowners' associations, formation as a nonprofit corporation, required, election of board of directors, notice requirements, adoption and enforcement of rules relating to common areas, liens, Alabama Homeowners' Association Act

Description

<p class="bill_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</p><p class="bill_description"> 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</p><p class="bill_description"> 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</p><p class="bill_description"> This bill would authorize a homeowners' association to adopt and enforce reasonable rules regarding the use of the common areas</p><p class="bill_description"> 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</p><p class="bill_description"> 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</p><p class="bill_entitled_an_act"> Relating to certain homeowners' associations; to define terms; to require certain associations to organize under the Alabama Nonprofit Corporation Act; to require the filing of certain association documents with the Secretary of State; and to require the Secretary of State to implement and maintain a public searchable electronic database of association filings; to provide for the election of a board of directors; to require the declarant to deliver certain information to the board upon election; to provide for notice of meetings to members of the association; to authorize a homeowners' association to adopt and enforce rules regarding the use of the common areas; to provide for the enforcement of rules against tenants of a member of the association; to authorize the association to assess charges for certain violations of the declaration and association rules; to provide for liens on a lot for unpaid assessments; to provide for judgments enforcing liens and releases for satisfaction of liens; to provide for an award of attorney's fees to prevailing parties in certain actions to enforce certain rights; and to provide for dissolution of the nonprofit corporation and the liquidation of assets. </p>

Subjects

Property, Real and Personal