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Vestavia Hills, AL HOA Rules: Board Governance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Membership
Mandatory and automatic for all owners and successors
Association power
Lien authority to collect dues from members
Maintenance duty
Borne by the association, not the City
Required filing
Management plan under §4.6.2 before approval
City backstop
Corrective action if association fails to maintain, §4.6.3

Summary

Vestavia Hills' Zoning Ordinance requires a mandatory owners' association whenever a subdivision or condominium creates common open space or shared facilities. Section 4.6.1 makes membership automatic for every owner and successor, gives the association lien authority to collect dues, and puts maintenance of the shared space squarely on the association, not the City.

4.6.1. Owner's Association. An association representing the owners shall own the common open space or facility in perpetuity. Membership in the association shall be mandatory and automatic for all owners of the subdivision or condominium and their successors. The association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the common open space and/or facilities located thereon shall be borne by the association ... 4.6.3. In the event the party responsible for maintenance of the common open space/facility fails to maintain all or any portion in reasonable order and condition, the City may take any corrective action, to the extent permitted by law, which is deemed necessary and suitable to remedy the situation.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

6 of the Zoning Ordinance applies to any development that creates open space or facilities meant to be owned and maintained by a homeowner, property owner or condominium association rather than the City. 1 requires that association to own the common open space or facility in perpetuity, and membership in it is mandatory and automatic for every owner of the subdivision or condominium and for their successors in title, so a buyer cannot opt out by refusing to join. The association also holds lien authority to collect dues from its members, giving it a real enforcement tool against owners who do not pay, and the ordinance places the responsibility for maintaining the common open space and facilities on the association rather than the City.

2 requires a management plan that allocates maintenance responsibility, estimates costs and staffing for upkeep and insurance, describes how that funding will be raised, and provides for enforcement of the plan; any later changes to that plan need Commission approval. 3 lets the City step in and take whatever corrective action the law permits to fix the problem, backstopping the private association's obligation with municipal enforcement.

Violations & Fines

An association or developer that skips the mandatory ownership structure, fails to submit a management plan under Section 4.6.2, or lets common open space fall into disrepair is out of compliance with Section 4.6. Under Section 4.6.3 the City can take any corrective action the law permits to remedy a maintenance failure, and broader Zoning Ordinance violations remain misdemeanors under Section 13.7, punishable under Title 11-45-9 of the Code of Alabama.

Frequently Asked Questions

Can I refuse to join my subdivision's homeowners' association in Vestavia Hills?
No. Section 4.6.1 of the Zoning Ordinance makes membership mandatory and automatic for every owner of a subdivision or condominium created with common open space or facilities, and that obligation carries over to successors in title, so a new buyer inherits the same mandatory membership.
Can my HOA place a lien on my property for unpaid dues?
Yes. Section 4.6.1 gives the owners' association lien authority specifically to ensure the collection of dues from all members, a power the Zoning Ordinance grants directly to the association rather than leaving it to private governing documents alone to establish.
What happens if my HOA stops maintaining the neighborhood common area?
Section 4.6.3 lets the City take corrective action, to the extent the law permits, if the party responsible for maintenance fails to keep the common open space or facility in reasonable order and condition. This gives the City a backstop when a homeowners' association neglects its maintenance duty under Section 4.6.1.

Sources & Official References

Other rules in Vestavia Hills

All Vestavia Hills rules

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