Alabama

Alabama Condo & HOA News

Wind Drift Condominiums lifts notice to evacuate (AL) April 6, 2024
The Wind Drift Condominiums has lifted their notice to evacuate after performing temporary structural repairs, according to a statement from the complex. The condominiums had structural deficiencies that were noticed on April 3, causing an evacuation. After performing the temporary repairs, the structural engineer of record said the repairs were satisfactory. (end of news article)
Unpermitted construction triggers evacuation of Orange Beach condo units (AL) April 5, 2024
Nearly 50 units at a condominium in Orange Beach were evacuated Wednesday. Orange Beach city crews and the fire marshal determined that the east tower of the Wind Drift condos on Perdido Beach Blvd. is unsafe. The city says occupants can not reenter their units until further notice. Read the article…………………………….
Breaking News: Federal Court Ruled Corporate Transparency Act Unconstitutional – Beneficial Ownership Information Reporting on Hold March 3, 2024
In a surprise decision Friday night, a federal district court ruled that the Corporate Transparency Act (“CTA”) is unconstitutional, effectively placing the Beneficial Ownership Information (BOI) reporting on hold. By way of background, the CTA was enacted on January 1, 2021 as part of the 2021 National Defense Authorization Act as an attempt to prevent money laundering and tax evasion by requiring new reporting for certain companies doing business in the U.S. Read the article…………………………….
DI resident concerned over ‘illegal’ traffic island (AL) January 30, 2024
Eight years ago, however, Reeves said the HOA illegally placed trees and a boulder in the middle of his turnabout, otherwise known as a traffic island. He claims the HOA shortened the width of the roads and has also placed rebar into the ground which can tear into tires of vehicles trying to make the tighter turns among other preventative measures.
Craft Farms Property Owners Association manager charged with theft of property first degree (AL) November 4, 2023
Fifty-four-year-old female arrested for embezzling thousands of dollars. According to Gulf Shores Police, on March 24, 2023, the department received a report of embezzlement and misuse of funds involving the Craft Farms Property Owners Association. Read the article………………………………
‘It stinks’: Moody homeowners upset after neighborhood pond packed with dead fish (AL) October 13, 2023
A pond in the Avalon neighborhood in Moody is dried out and filled with hundreds of dead fish. It’s causing problems for dozens of homeowners who say it smells, even in their homes, and they’re fed up. Read the article…………………………….
Fred the tortoise to celebrate Ross Bridge eviction reprieve Sunday with community party August 9, 2023
There will be smiles of joy instead of tearful goodbyes when the owner of the Fred the tortoise, who was threatened with eviction from Ross Bridge, holds a party for the reptile and concerned community members on Sunday. Read the article………………………..
Smiths Station woman accused of using $11,000 in Home Owners Association funds for personal use (AL) August 8, 2023
A Smiths Station woman is facing theft charges after authorities say she may have used thousands of dollars in Home Owners Association (HOA) funds for her own use. The Lee County Sheriff’s Office received a theft report from the Shadow Wood subdivision HOA in Smiths Station on July 31. Read the article………………………..
People displaced from homes after heavy rain causes flooding in Pell City (AL) July 6, 2023
The city manager says the city is working to figure out how the damage occurred but believe the responsibility to fix the easement will fall on the homeowners association. Read the article………………………..
Ross Bridge family fights to save beloved pet from eviction (AL) June 30, 2023
A young man in Ross Bridge is fighting to save his beloved pet after he says the homeowner’s association told him it was not allowed. “Fred” lives in an enclosed backyard in the neighborhood. He weighs about 130 pounds and is kind of a cross between a pet and a landscaper. Read the article………………………..

Alabama News Archives

Alabama Condo & HOA Articles

Corporate Transparency Act Found Unconstitutional
In the case titled, The National Small Business United, b/b/a the National Small Business Association, et al v. Janet Yellen, in her official capacity as Secretary of the Treasury, et al., Case No. 5:22-cv-1448-LCB, United States, District Court, Northern District of Alabama, Northeastern Division entered on March 1, 2024, the court found the CTA to be unconstitutional. Read the article…………………………….
How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict (AL)
How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration award that didn’t resolve all claims against all parties in the trial court was not final enough to be appealed. The Alabama Supreme Court did not agree. Read the article………………………..
Alabama Federal Magistrate Recommends Dismissal of Construction Defect Declaratory Judgment Action Due to Expanded Duty to Defend Standard
While the starting point for assessing an insurer’s duty to defend requires comparing the allegations contained within a complaint to the language contained within the insured’s policy, the majority of states require an insurer to do more. In Alabama, a failure of the underlying complaint to allege damages falling within the policy’s terms is not necessarily fatal to coverage – if there are facts provable by admissible evidence to place the loss within coverage. Read the entire article……………………………….
True Teamwork enables Homeowner’s Association to protect delicate waterway (AL)
Managing two ageing adjacent wastewater treatment plants that are nearing the end of their days…… This can be a tall order at the best of times – but how about when discharge is into one of the most diverse and sensitive waterways in the world – home to more species of fish than any other river of its size in the whole of North America. Some might choose to steer clear of this very sizeable challenge. Read the article……………………………..
Is Your Alabama Condominium In Compliance with the Law? Mandatory Alabama Insurance Requirements
Condominiums in the state of Alabama are governed by the Alabama Uniform Condominium Act. Section 35-8A-313 of the Act specifically relates to insurance requirements for condominiums. Condominium associations are required to maintain master insurance policies, but individual unit owners are not required to obtain their own insurance policies for their units. Read the entire article……………………………….
Counsel’s Corner: HOA Super-Priority Lien Issue Not as Clear After Court Opinion
In a nutshell, what clarity did the most recent opinion by the Nevada Supreme Court provide for the pending litigation around HOA super priority liens? Read the article…………
CAI Best Practices: Ethics
Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply questions of “Should Bob steal from Jack?” or “Should Jack lie to his boss?”
Real estate agent, builder weigh in on what Homeowners Associations can mean for home buyers
One of every five Americans lives under homeowners association rules, according to bankrate.com. Shayne Templet, CEO of Woodland Homes, and Robert Taylor broker/owner of Independence Realty, weigh in on what HOAs provide to homeowners. Read more………