SB326 Alabama 2017 Session

Sponsors

Session

Regular Session 2017

Title

Homeowners' Associations, formation as a nonprofit corporation, required, certain documents to be filed with Secretary of State, Secretary of State to implement a database of such filings, Secs. 35-20-1 to 35-20-14, inclusive, repealed

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, 2018, 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_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 dissolution of the nonprofit corporation and the liquidation of assets; and to repeal Chapter 20 of Title 35, Code of Alabama 1975. </p>

Subjects

Property, Real and Personal