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/ Owner - March 12, 2015

Alabama Condo & HOA News

  • City of Pelham to take action against ‘dangerous’ fire-damaged townhomes (AL) February 4, 2025
    Residents of the Chandalar South neighborhood are expressing frustration over three townhomes that remain damaged after a fire in November 2023. Despite being notified in March 2024 that the properties needed to be demolished, no action has been taken.    Read the article…………………………….
  • Mental health crisis, HOA dispute led to Shelby County standoff and father, son found dead, family says (AL) January 31, 2025
    Carol Price is hurt. And she is angry. Price’s ex-husband and eldest son were the two men found dead earlier this week following a standoff and exchange of gunfire at a home in Shelby County’s The Narrows subdivision off U.S. 280. The events leading up to the deadly standoff began years ago with an $830 homeowners association assessment dispute, Price said. It all ended Tuesday with the shooting death of Price’s son, 48-year-old William Chenoweth Jr.  Read the article…………………………….
  • City approves Sandy Creek annexation with more steps to come (AL) January 30, 2025
    The Homeowners Association of Lake Martin, Sandy Creek Area presented the final pieces of its package to the City of Dadeville this Tuesday.  The HOA’s Annexation Committee presented a plaque with a proposed map and a legal description of the annex area, which was prepared by a registered surveyor. HOA president Dave Maddox informed the council they do have a deadline with the state legislative session starting Feb. 4.   Read the article…………………………….
  • Alabama Supreme Court issues opinion clarifying the rules controlling nonprofit corporation governance January 24, 2025
    If you have ever been to the Flora-Bama, chances are you have passed by the Caribe Resort in Orange Beach, AL. The Caribe, like many beach resorts, is a condominium building containing individually owned residential units which collectively are overseen by a condominium association, a nonprofit organization that functions similarly to a homeowner’s association. The Supreme Court of Alabama recently issued an opinion discussing how nonprofit corporations like condominium associations are governed under state law.   Read the article…………………………….
  • Trees and trails Foley’s latest move for a quiet town (AL) November 13, 2024
    Foley has established greenbelt zones to serve as buffers between major roads and new developments. The Foley City Council recently voted to approve an amendment to the zoning ordinance to create these zones……Under the ordinance, the greenbelt zones will be maintained by the subdivision property owner’s association or the homeowner’s association.     Read the article…………………………….
  • Homeowners Win Key Ruling in Baldwin Sewer Rate Lawsuit (AL) September 11, 2024
    The Alabama Supreme Court has denied Baldwin County Sewer Service, LLC’s (BCSS) petition for a writ of mandamus in a long-running legal battle over a sewer rate increase. The decision, delivered on September 6, 2024, stems from a 2014 lawsuit brought by several homeowners’ associations who alleged that BCSS violated a 1991 agreement between a real-estate developer and the company.   Read the article…………………………….
  • Smiths Station woman arrested for allegedly using HOA money for personal use (AL) July 31, 2024
    The Lee County Sheriff’s Office arrested a Smiths Station woman on theft charges.  On July 31, investigators received reports of theft of property from the Shadow Wood subdivision Home Owner’s Association in Smiths Station. According to officials, a member of the HOA advised that the previous president, Latoya Cook, used approximately $11,000 from the HOA account for personal use.   Read the article…………………………….
  • Hoover residents say stormwater runoff is polluting backyards (AL) July 23, 2024
    Residents of a lakeside neighborhood in Hoover say stormwater runoff from construction development in the city is bringing pollution to their backyards.  According to longtime locals, Lake Paradise once covered nearly 30 acres. Over the past two decades, trash and sediment flowing downstream have reduced the lake’s size.   Read the article…………………………….
  • Duck drama in Hoover neighborhood (AL) June 29, 2024
    An HOA decision in a Hoover subdivision has ruffled some feathers. The board allegedly had a flock of ducks removed from the community lake. There used to be about eight ducks living on Moon Glow Lake, only two a few left now. Neighbors say someone came Thursday before dawn and rounded up most of them, and took them away.    Read the article…………………………….
  • State Court used “Squatters’ Rights” in awarding sliver of land (AL) June 12, 2024
    Hidden between Phoenix East and Phoenix VIII is a slender building named Perdido Dunes. For many years Perdido Dunes has been using a two-and-a-half-foot strip of land owned by Phoenix Rentals. The long beachfront battle between Orange Beach condominiums has been settled, with the Alabama Supreme Court confirming a new tower is entitled to squatter’s rights.    Read the article…………………………….
Alabama News Archives

 

Alabama Condo & HOA Articles

  • In ‘Case’ You Missed It: Alabama Supreme Court issues opinion clarifying the rules controlling nonprofit corporation governance
    If you have ever been to the Flora-Bama, chances are you have passed by the Caribe Resort in Orange Beach, AL. The Caribe, like many beach resorts, is a condominium building containing individually owned residential units which collectively are overseen by a condominium association, a nonprofit organization that functions similarly to a homeowner’s association. The Supreme Court of Alabama recently issued an opinion discussing how nonprofit corporations like condominium associations are governed under state law.   Read the article…………………………….
  • In re: Robert Simmons et al. v. Caribe Resort Condominium Association Board of Directors et al. (AL)
    The Caribe Resort Condominium Association Board of Directors (“the board”), Larry Wireman, and Judy Wireman (collectively referred to as “the board defendants”), as well as Caribe Realty, Inc., Caribe, Inc., and Sentinels, LLC (collectively referred to as “the Wireman companies”), seek a writ of mandamus directing the Baldwin Circuit Court (“the trial court”) to grant their motion to dismiss the derivative claims asserted by Robert Simmons, among others (see note 1, infra), on behalf of the Caribe Resort Condominium Association (“the Caribe association”). For the reasons explained below, we grant the petition in part, deny the petition in part, and issue the writ.    Read the article…………………………….
  • 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…………
Alabama Article Archives




 

Alabama Laws

Alabama Uniform Condominium Act

Condominium Ownership Act

Alabama Homeowners’ Association Act

Homeowners’ Associations Electronic Database

Priority Lien Statute Code of Alabama

Definition Of Homeowners Association For Purposes Of Administering The Alabama Business Privilege Tax Law

Alabama Condo & HOA Resources

Community Associations Institute – Alabama Chapter

 

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