Unenforceable HOA rules in Alabama: Your complete guide

Homeowners associations (HOAs) help maintain property values and create well-managed communities, but there are limits to what an HOA can regulate. In Alabama, state laws, federal regulations, and an HOA’s governing documents set clear boundaries on what an association can and cannot enforce.

For board members, adhering to Alabama law helps prevent legal challenges. For homeowners, knowing how HOA rules are structured can make it easier to navigate community guidelines with confidence. In this guide, we’ll explore HOA rules that may not hold up in Alabama and how both residents and board members can work toward a fair, legally compliant community.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications or their decisions or actions prior to proceeding.
 

What are unenforceable HOA rules in Alabama?

Unenforceable HOA rules are regulations that contradict federal law or Alabama state law, violate homeowner rights, or fall outside the association’s legal authority. Rules that are unclear, inconsistently applied, or improperly documented in the governing documents may also be challenged.
 

Understanding Alabama HOA governing documents

Every HOA in Alabama relies on a set of governing documents to guide its operation and clarify the rights and responsibilities of both the board and individual homeowners. Understanding these foundational documents is critical to creating enforceable rules that protect the community without overstepping legal boundaries. A property management company can assist boards in interpreting these documents so new rules align with the association’s structure and community goals.

While the specifics can vary between associations, most Alabama HOAs rely on the following key documents:

• Articles of Incorporation: Establish the HOA as a legal entity under Alabama law, typically as a nonprofit corporation. They outline the association’s name, corporate status, and overall purpose (e.g., promoting the health, safety, and welfare of residents).
   
• Declaration of Covenants, Conditions, and Restrictions (CC&Rs): Also known as the “Declaration” or “Master Deed,” this document lays the foundation for community rules, outlining property use restrictions, design standards, maintenance obligations, and the HOA’s authority to enforce regulations.
   
• Bylaws: Bylaws define how the association operates, detailing board elections, meeting procedures, voting requirements, and decision-making processes. They provide the structure for governance and rulemaking within the community.
   
• Rules and regulations: These are additional guidelines created by the board to address specific aspects of community life, such as parking, amenity use, or short-term rentals. Unlike the CC&Rs and bylaws, rules and regulations can often be modified through a board vote, provided the process outlined in the governing documents is followed.

Examples of unenforceable HOA rules in Alabama

HOAs have the authority to create and enforce rules, but there are limits. Some regulations may be challenged if they conflict with state or federal law or fall outside of the association’s governing authority. Here are some examples of HOA rules that may not be enforceable in Alabama:

• Conflicts with state or federal law: Any HOA rule must comply with the federal Fair Housing Act, as well as Alabama state laws and local ordinances that govern property rights, contract enforcement, and local municipal codes. While Alabama does not have a comprehensive law regulating HOA rule enforcement, many HOAs operate under the Alabama Nonprofit Corporation Act, which governs their corporate structure, board responsibilities, and decision-making processes.
   
• Errors in procedure: HOAs must follow their governing documents when adopting new rules. If a regulation is passed without a required vote from homeowners or board members, it may not be legally binding.
   
• Discrimination: An HOA cannot enforce rules that discriminate based on race, religion, disability, familial status, or other protected categories. Federal and state fair housing laws prohibit rules that treat homeowners unfairly based on these characteristics.
   
• Retroactive rules: HOAs cannot impose new restrictions and then penalize homeowners for actions that were previously allowed.
   
• Vague or ambiguous rules: Rules must be clear and specific to be enforceable. If a policy is too subjective, it may be difficult to enforce consistently.
   
• Rules enforced without proper authority: If an HOA board enforces a rule that isn’t supported by the governing documents, it may not be legally binding.

Well-defined HOA rules can help board members and homeowners navigate community regulations effectively. Before making or amending any HOA rules, board members should consult their association attorney and property management partner to confirm compliance with Alabama state laws and governing documents.
 

Examples of enforceable HOA rules in Alabama

When drafted correctly and applied consistently, HOA rules help maintain community standards and protect property values. Here are examples of rules that might be enforceable in Alabama:

• Architectural guidelines: HOAs may establish design standards for exterior modifications, such as paint colors, fencing, and roofing materials. These guidelines should offer clear choices and be enforced fairly across all homeowners.
   
• Use of amenities: Boards may set reasonable policies for using pools, clubhouses, gyms, and other common areas. These rules typically address safety, capacity limits, and fair access for all residents.
   
• Dues and assessments: Alabama law allows HOAs to collect fees for maintaining shared spaces and capital improvements. If a homeowner fails to pay, the association may take steps outlined in the governing documents, which could include placing a lien on the property. The CC&Rs and Alabama law will determine the specific notice and procedural requirements.
   
• Parking restrictions: HOAs may enforce parking rules on roads they control, as well as regulate common-area parking. Restrictions should be clearly documented and applied consistently.
   
• Noise and nuisance policies: Boards sometimes establish reasonable noise limits to minimize disruptions, particularly if those rules align with local noise ordinances.
   
• Pet regulations: HOAs may be able to impose reasonable pet restrictions, such as limiting the number of pets per household or requiring leashes in common areas. However, these restrictions cannot infringe on the rights of homeowners with service or assistance animals protected under federal and state laws.

Working with an association attorney is a critical step in creating rules that are legally sound, clearly written, and properly adopted to avoid potential challenges.
 

How to create enforceable HOA rules for your Alabama community

To be enforceable, HOA rules should align with the association’s governing documents, comply with state and federal laws, follow the proper approval process, and be written in a way that is easy to understand and apply consistently. Boards should always consult their association attorney and property management company when creating or modifying HOA rules.

At FirstService Residential, we partner with HOA boards to create thoughtful, legally sound policies that support their community’s long-term success. If your association is reviewing or updating its rules, our team is here to help. Contact us today to learn more.