Alabama · Ala. Code §§35-20-3, 35-20-12, 35-20-13Alabama HOA records for buyers: what to request and the 30-day deadline
Alabama's Homeowners' Association Act covers developments whose HOA declaration was recorded on or after January 1, 2016, and older associations whose members voted by majority to be governed by it; it doesn't cover nonresidential developments, condominiums regulated under Chapters 8 or 8A of Title 35, cooperatives, time-shares or campgrounds (Ala. Code §35-20-3). A covered association makes its records available to a member or potential purchaser on written request within a reasonable time of no more than 30 days, for reasonable costs, on paper, electronically or by pointing to the public record (§35-20-13(a)). That includes current and pending assessments and dues with due dates, the operating budget and reserves with last year's financial statement, insurance and fidelity bond, loans against the association, officer contacts, the covenants and architectural rules, initiation or transfer fees due at closing, the common areas, and pending lawsuits, judgments and liens (§35-20-13(b)). The association has a lien for unpaid assessments that ranks behind taxes, municipal assessments and mortgages or deeds of trust; it records a statement of lien within 12 months after the assessment is due, after 30 days' certified-mail notice to the owner (§35-20-12(b)–(d)).
The rules
1. Coverage (§35-20-3)
Declarations recorded from January 1, 2016, or associations that opted in; not condominiums under Chapters 8 or 8A.
2. Request (§35-20-13(a))
Written request by a potential purchaser; up to 30 days; reasonable costs.
3. Contents (§35-20-13(b))
Assessments, budget and reserves, insurance, loans, covenants, transfer fees, lawsuits and liens.
4. Lien (§35-20-12)
Behind taxes and mortgages; statement recorded within 12 months after 30 days' notice.
What the TC can do
- Send the written records request as soon as the contract is signed – the association may take 30 days.
- Put any initiation or transfer fee due at closing on the settlement statement.
- Search the probate records for a recorded HOA statement of lien on the lot.
Questions about Alabama HOA resales
How long does an Alabama HOA have to give a buyer its records?
A reasonable time of no more than 30 days after the written request, on payment of reasonable costs (Ala. Code §35-20-13(a)).
Does an Alabama HOA lien come ahead of the buyer's mortgage?
No. The assessment lien ranks behind state and county taxes, municipal improvement assessments, fixture filings and mortgages or deeds of trust securing debt (Ala. Code §35-20-12(b)).
Related guides
Track the HOA records request and its 30-day deadline as a task with an owner and a due date in ClosingCode.
Start free trialSource: Code of Alabama §§35-20-3, 35-20-12 and 35-20-13 (alison.legislature.state.al.us, read October 28, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.