The Alabama Homeowners' Association Act requires all Homeowners' Associations formed on or after January 1, 2016, to file organizational documents as a nonprofit corporation. The Act was passed on June 2, 2015, became effective January 1, 2016, and is codified in Code of Alabama Title 35, Chapter 20. The Secretary of State implemented administrative rules to carry out certain aspects of Act No. 2015-292, which became effective on April 18, 2016.
For more information, you may review our list of frequently asked questions.
|File with Secretary of State||Fee|
|Name Reservation||$25.00 (+$3 online)|
|Certificate of Formation||$100.00|
|Additional Required Supplemental Filing *||$50.00|
|(* These documents are required to be filed separately with the Secretary of State)|
|File with Judge of Probate||Fee|
|Certificate of Formation||$50.00 minimum *|
|(* Contact specific Office of Judge of Probate to determine actual fees.)|
Filing the Certificate of Formation of your Homeowners' Association:
You will need to obtain a Name Reservation from the Office of the Alabama Secretary of State prior to filing your formation documents. (Name Reservation for Domestic Entities)
File the original and two copies of the Homeowners’ Association Certificate of Formation with all attachments required in the form and the Name Reservation Certificate in the County Probate Office where the development is located. You must use this form to file a Homeowners’ Association Certificate of Formation.
Filing the Supplement to Certificate of Formation of your Homeowners' Association:
In accordance with Alabama Code §35-20-5, you are required to file a Supplement to Certificate of Formation with the Secretary of State after the Certificate of Formation has been indexed. In order to file the Supplement to Certificate of Formation, complete the form with all required attachments and enclose a check made payable to the Secretary of State in the amount of $50.00. Mailing instructions are on the front of the form. No county filing is required for this supplemental filing.
The following additional or supplemental documents are required to be filed with the Secretary of State. These required documents are listed on page 3 of the Certificate of Formation form and below.
Articles of Incorporation (Certificate of Formation)
Bylaws, resolutions, or other governing documents of the Association
The original covenants, conditions, or conditions or restrictions adopted by the Association
Other information or documents required by Alabama Code 1975 §35-20-5(c) and listed on page 2 of the Supplement to Certificate of Formation form
In addition, the origanizational documents of the Homeowners' Association may provide for the following, which may be included in any supplemental filing and are listed on page 3 of the Supplement to Certificate of Formation form.
Indemnification and Insurance for the Homeowners' Association, its officers, and directors
Fidelity bonds for any person or entity having custody or control of any funds of the Homeowners' Association
Periodic audits of the financial records of the Homeowners' Association
Power to acquire real and personal property for the benefit of the Homeowners' Association and its members
Power to hire and discharge managing agents and other employees, agents, and independent contractors