Madison County, AL HOA Rules: CC&R Enforcement (2026)
Key Facts
- Governing provision
- Subdivision Regulations, Art. XI § 11.2
- Current revisions effective
- September 1, 2017
- County enforces
- Subdivision Regulations only, not CC&Rs
- Conflict rule
- Stricter of county rule or covenant controls
- County contact
- County Engineer / Public Works, 256-746-2900
Summary
In unincorporated Madison County, the county does not enforce your HOA's CC&Rs. Article XI, Section 11.2 of the Subdivision Regulations makes private covenants operate alongside county platting standards, with whichever standard is more restrictive controlling.
Section 11.2. Private Provisions. These Regulations are not intended to abrogate any Easement, covenant or any other private agreement or restriction, provided that where the provision of these Regulations is more restrictive or imposes higher standards or regulations than such Easement, covenant or other private agreement or restriction, the requirement of these Regulations shall govern. Where the provision of the Easement, covenant or private agreement or restriction imposes duties and obligations more restrictive, or higher standards than the requirements of these Regulations, or the determinations of the Commission in approving a Subdivision or in enforcing these Regulations, and such private provisions are not inconsistent with these Regulations or determination thereunder, then such private provisions shall be operative and supplemental to these Regulations and determination made thereunder.
Full Breakdown
Madison County has no zoning in the unincorporated area (confirmed by the Director of Public Works, 2025-08-12), so the two land-use instruments that reach a subdivision lot are the county's own Subdivision Regulations, current revisions effective September 1, 2017, and whatever private covenants, easements or restrictions were recorded when the subdivision was platted. Article XI, headed "Conflict with Public and Private Provisions," resolves the overlap. 1 covers conflicts between the Subdivision Regulations and other ordinances or law: whichever provision is more restrictive controls. 2, Private Provisions, does the same job for CC&Rs: the Regulations are "not intended to abrogate any Easement, covenant or any other private agreement or restriction," but if the county's standard is more restrictive than the private one, the county's requirement governs.
" In practice that means the Madison County Commission, acting through the County Engineer and Public Works (256-746-2900), only enforces the Subdivision Regulations themselves, things like plat approval, required improvements and easement dedications. Whether a homeowner mowed their lawn, painted their fence the wrong color, or built a shed that a CC&R restricts is not something the county cites or fines; that enforcement runs through the homeowners association named in the recorded covenant, typically by warning letter, HOA fine, or a civil suit to enforce the restriction.
Violations & Fines
A bare CC&R violation, such as an unapproved paint color, a parked commercial vehicle, or a fence style, draws no county citation because Section 11.2 leaves private covenants to run on their own track. The HOA pursues its own remedies under the recorded document, which can include HOA-levied fines, liens, or a civil enforcement action in circuit court. The county only steps in where its own Subdivision Regulations standard is the stricter one, in which case Section 11.2 makes the county's plat and improvement requirement control regardless of a laxer private covenant.
Frequently Asked Questions
Will Madison County cite me for violating my HOA's CC&Rs?
My HOA covenant is stricter than the county's subdivision standard. Which one applies?
The county standard is stricter than my subdivision's covenant. Which controls?
Who administers Section 11.2 questions for a Madison County subdivision?
Sources & Official References
Other rules in Madison County
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