Alabama HOA Special Assessment Rules (2026)
Alabama Code § 35-8A-315 (Uniform Condominium Act) · Last reviewed 2026
A special assessment is a one-time charge levied by an HOA board to cover an unexpected or deferred expense not covered by the operating budget or reserve fund. Below are the key rules that govern how Alabama HOAs may levy special assessments and what rights homeowners have.
Key facts at a glance
Can levy without member vote
Board may levy special assessments as authorized by the declaration and bylaws; no statewide cap — governing documents control.
Not required by statute
Trigger: Only if required by the community's declaration or bylaws
14 days
Advance written notice to members before assessment levy
Available
Board may act without standard notice for emergencies threatening health or safety of residents or common property.
- Board authority to levy special assessments is defined in the declaration and bylaws
- No statewide cap — governing documents set the limits
- Minimum 14-day advance notice to members is standard practice
- Emergency assessments may be levied for imminent threats to property or safety
- Homeowners may dispute through the process described in the governing documents
Homeowners may challenge special assessments at a board meeting or through dispute resolution procedures outlined in the governing documents.
Pending special assessments must be disclosed in resale documents. Lenders review for large pending assessments that may affect loan qualification.
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Start 14-Day Free TrialThis page provides general legal information only — not legal advice. HOA special assessment laws vary by community type (planned community, condominium, cooperative, etc.) and are subject to change. The information on this page is based on statutes in effect as of 2026 and may not reflect recent legislative changes. Always consult a licensed HOA attorney and review your governing documents before taking action.