Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
If there are no restrictions in the deeds/covenants you can Under Alabama law start your own HOA, However, you must have a majority of the homeowners who have the covenants in their deeds to agree to form a new HOA. To start, you must file the Certificate of Formation of your Homeowners' Association with the Alabama Secretary of State:
You will need to obtain a Name Reservation from the Office of the Alabama Secretary of State prior to filing your formation documents and need to 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.
When you file the Certificate of Formation of your Homeowners' Association you will also need to file, under Alabama Code §35-20-5, a Supplement to Certificate of Formation with the Secretary of State after the Certificate of Formation has been indexed, and a check made payable to the Secretary of State in the amount of $50.00. You will also need to send in the following:
If you have any other questions, just ask. If not please rate the question for credit and tracking. I will not get credit and payment unless you rate the question.