Alabama HOA Rights Question

3 Replies | Birmingham, Alabama

Is anyone on here knowledgable about legal rights of an HOA in Alabama? If an HOA wanted to implement policies with regards to screening tenants, how long is their leash? Here is the proposed language (which I do not believe has not been run by a lawyer and seems not totally thought out...) Reply here!

Leasing of Units

A. General

1. There are several important items that every investor-owner should consider in leasing

his unit. These items not only help insure the success of the owner-Tenant relationship, but also contribute to the successful operation of the Association to which the investor-owner is a member. 

2. All Owners must give prior notice to the Board of intention to lease, whereupon the

Board shall provide the Unit Owner a lease rider which shall be added to the lease and shall be signed by all parties executing the lease. Thereafter, the Unit Owner shall deliver a copy of the signed lease and lease rider to the Board within ten (10) days after it is executed and prior to occupancy. 

3. All Owners must notify the Association's Board of Directors or managing agent of all

current occupants of the unit, including children. This notification should not only include the names of each occupant but the phone number(s), email(s), number of vehicles, and number and type of any pets (if permitted) held by the occupants. 

4. All prospective Tenants must submit to a personal interview with the Board or its

designated committee prior to occupancy of the dwelling. 

5. All leases must be in writing and for a period of not less than one year. All leases must be in conformance with, and make specific reference to, the legal documents of the Association. The Unit Owner is ultimately responsible for his Tenants to abide by all provisions and restrictions imposed by the Association's legal documents, whether he resides in the unit or not. If a Tenant violates the Declaration, Bylaws or Rules & Regulations, the owner shall also be held responsible. 

6. All Tenants must be given a copy of the Declaration, Bylaws or Rules & Regulations that have been adopted by the Association's Board of Directors. Tenants should be informed that this information is being provided to them because they are a part of the Association by virtue of their residency and are obligated to obey the provisions of the documents. 

7. All Tenants should be advised of the operational structure of the Association, that a

portion of their rent is used to pay the monthly Association assessment on the unit and what that assessment is used for. All Tenants must sign a lease rider acknowledging receipt of copies of all of the legal documents. 

8. All applicants for rental should complete the Tenant application form which is attached. It is important to ensure that all the information necessary to make a good judgment on the qualifications of the applicant is ascertained in a timely fashion. 

9. Collect a security deposit sufficient to cover lost rent and/or damage, as well as the first

month rent. 

10. Check out all previous landlords and credit references. Verify information such as

addresses, dates, etc. 

11. Determine whether income is sufficient to pay rent without imposing a financial burden and can accommodate any increase in the monthly assessment. Take into consideration existing debt obligations such as other monthly payments. What savings, reserves, or other resources are available to the applicant in case of a financial setback.

2018 © Liberty House Lofts Association, Inc. 2301 1st Ave N, Birmingham, AL 35203

Rules & Regulations 10

12. Do not discriminate on the basis of age, race, color, creed, national origin, or sex. 13. The Unit Owner is absolutely obligated to pay all of the Condominium fees; since they

are a covenant running with the land, all special assessments of the Association; increase in taxes, move-in charges; maintenance costs; or any special fees or charges imposed by the Association. 14. All leases must include provisions for the Tenant obeying the Declaration, Bylaws and Rules & Regulations of the community, including the payment of any fines for rule violations, written legal termination procedure, penalties for late rent payment, method and location of rent payment, security deposit return and deduction procedure, with a written acknowledgment by the Tenant that he has received and accepts all of the conditions. 15. Make sure the Tenant has the following:

a) Access to recreation and parking areas b) Keys to mailbox and common areas c) HOA documents d) Emergency numbers e) Landlord address & telephone number f) Any violations of the Declaration, Bylaws or these Rules & Regulations may

result in a flat or daily fine or in more serious situations, eviction proceedings. All fines, costs and legal fees will be charged to the Unit Owner. B. Non-Compliance

1. The Board reserves the right to prohibit a Tenant from occupying a unit until the Owner complies with all leasing requirements. The Board reserves the right to initiate legal proceedings against the Tenant and/or the Owner for breach of any of the rules.

2018 © Liberty House Lofts Association, Inc. 2301 1st Ave N, Birmingham, AL 35203

Rules & Regulations 11

You have only the rights given the HOA by the Covenants, Restrictions, Bylaws, etc in effect for the subdivision. You must review those first to see what you are allowed to do. If they do not give you any power over leasing or tenants, then there is nothing you can do except amend them, and THEN implement your procedures outlined above.