Title 35

(a) The department is designated as the administrating agency for this chapter and is empowered to administer and enforce this chapter using the authorities granted to it by the Environmental Management Act. However, such designation shall not imply that the department shall assu…

(a) The Alabama Department of Environmental Management shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and…

The department is authorized to adopt regulations and assess fees to implement provisions of this chapter. (Act 2007-464, p. 972, §13.)

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101 of that act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any…

The following terms shall have the following meanings: (1) ACTIVITY AND USE LIMITATIONS. Restrictions or obligations created under this chapter with respect to real property. (2) AGENCY or DEPARTMENT. The Alabama Department of Environmental Management. (3) COMMON INTEREST COMMUNI…

(a) Any person, including a person that owns an interest in the real property, an agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. (…

(a) An environmental covenant must meet all of the following requirements: (1) State that the instrument is an environmental covenant executed pursuant to this chapter. (2) Contain a legally sufficient description of the real property subject to the covenant. (3) Describe the act…

(a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if any one or more of the following conditions apply: (1) It is not appurtenant to an interest in real propert…

This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or …

(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to each of the following persons or entities: (1) Each person that signed the covenant. (2) Each person holding a recorded interest in the real property subject to th…

(a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise …

(a) An environmental covenant is perpetual unless any of the following conditions apply: (1) The covenant is limited to a specific duration or terminated by the occurrence of a specific event. (2) The covenant is terminated or modified by consent pursuant to Section 35-19-10. (3)…

This chapter shall be known and may be cited as the Alabama Homeowners’ Association Act. (Act 2015-292, §1.)

Within 90 days of the selection of the board of directors of the association as provided in Section 35-20-9, the declarant, or his or her designee, shall deliver to the board of directors all of the following: (1) All books, records, and governing documents of the association in …

(a) The board of directors, to the extent authorized by the declaration and governing documents, may do the following: (1) Suspend a member’s right to use facilities or services provided directly through the association for nonpayment of assessments under subdivision (2), to the …

(a) Except as may be otherwise provided in the declaration or the governing documents of an association, an association shall have, and there is declared, a lien on every lot for unpaid assessments levied against that lot arising on and from the date the assessment is due as fixe…

(a) A homeowners’ association subject to this chapter shall maintain records and information to be made available to each member or potential purchaser, upon written request, within a reasonable time not to exceed 30 days from the date of the request, and upon the payment of reas…

Upon the termination of a declaration, or at such other time as required by law, the board of directors shall take those steps necessary for the immediate dissolution and liquidation of the association and any remaining assets. (Act 2015-292, §15.)

For the purposes of this chapter, the following terms shall have the following meanings: (1) ASSOCIATION. A homeowners’ association. (2) BOARD OF DIRECTORS. The group of persons vested with the management of the association irrespective of the name by which the group is designate…

(a) This chapter applies to all developments subject to a declaration providing for a homeowners’ association recorded in the office of the judge of probate in the county in which the development, or any part thereof, is located on or after January 1, 2016, and any association fo…

(a) The principles of law and equity, including, but not limited to, the law of nonprofit corporations in Chapter 3 of Title 10A, the law of real estate, and the law relative to the capacity to contract, principal and agent, eminent domain, estoppel, negligence, fraud, misreprese…

(a) On or after January 1, 2016, a homeowners’ association created pursuant to a declaration shall be organized as a nonprofit corporation pursuant to Chapter 3 of Title 10A, and shall be governed in all respects as a nonprofit corporation. (b)(1) A homeowners’ association, its m…

A homeowners’ association provided for in a declaration and subject to this chapter shall be formed prior to the conveyance of any lot in the development by the declarant. (Act 2015-292, §6.)

A declaration or the governing documents of a homeowners’ association may provide for a period in which the declarant will maintain control of the election of directors and officers of the association and a right to reasonably alter, amend, or modify the declaration. (Act 2015-29…

If a conflict exists between the declaration and the governing documents of a homeowners’ association, the declaration prevails, except to the extent that the declaration is inconsistent with this chapter. (Act 2015-292, §8.)

(a) Within 120 days of the date the members have the right to elect a board of directors pursuant to the declaration or other governing documents of the association to elect a board of directors, the declarant shall give written notice pursuant to Section 10A-3-2.03 of a special …

(a) This chapter shall be known and may be cited as the Alabama Property Protection Act of 2026. (b) The Legislature finds that protecting private property owners from seller impersonation fraud and other forms of title fraud and ensuring swift remedies when real property is frau…

(a) If no timely appeal is filed, the circuit court, upon a quiet title petition by the complainant with a copy of the administrative order attached, shall enter an order enforcing the final administrative order not later than 30 days from the filing date of the quiet title petit…

(a) When the commission determines, after receiving a complaint and conducting an investigation, that a real property or real estate conveyance occurred as a result of a criminal act or fraud, any proceeds derived from the fraudulent conveyance may be ordered to be forfeited and …

The crimes of fraudulent sale or lease of residential real property or aggravated fraudulent conveyance of real property established in Article 1, Chapter 9 of Title 13A does not preclude the state from pursuing additional criminal prosecution as authorized by law. (Act 2026-536,…

For the purposes of this chapter, the term “commission” means the Alabama Securities Commission. (Act 2026-536, §1.)

(a) The commission shall have authority to investigate claims and administer, implement, and enforce this chapter with respect to all regulated conduct, individuals, and entities described in this chapter, regardless of licensure under any other provision of law. This authority s…

(a) When the commission determines, after receiving a complaint and conducting an investigation, that a real property or real estate conveyance occurred as a result of a criminal act or fraud, any proceeds derived from the fraudulent conveyance may be forfeited and deposited into…

(a) A real estate agent or broker licensed under Chapter 27 of Title 34 may not enter into an agreement to sell or lease real property when the seller is unknown to the real estate agent or broker and is not physically present to meet with the real estate agent or broker, unless …

(a) The commission may fund a statewide real property notification alert system that notifies a real property owner by text or email when a recording is made on his or her real property. (b) The commission may provide training and assistance to any municipal, county, or state ent…

The expedited quiet title process established in Section 6-6-540 applies to transactions in this chapter. (Act 2026-536, §1.)

(a) Upon receipt of a complaint alleging land fraud or a fraudulent conveyance, the commission may investigate the matter using all authority granted under this chapter. (b) If the commission determines that a real property conveyance resulted from a criminal act or fraud involvi…

(a) Any party aggrieved by a final administrative order of the commission may seek judicial review by filing an appeal in the circuit court of the county where the real property is located not later than 30 days after the date of the final administrative order. (b) An appeal to t…