Alabama CC&R Enforcement: Declaration Controls, Board Penalizes Violations

Under Ala. Code § 35-20-8, the recorded declaration takes priority over other governing documents except where it defers to them, making the CC&Rs the primary source of covenant-enforcement authority. Section 35-20-11 empowers the board to assess reasonable penalties for "any violation of the declaration or rules adopted by the board," but only after the member has an opportunity to be heard and represented by counsel. The Act prescribes no specific violation-notice form, cure period, or architectural-review committee process. Those procedures - design review, written violation notices, fines, and self-help remedies - are governed by the recorded declaration and rules. Where a declaration is silent, common-law contract and equity principles, applied through § 35-20-4, fill the gaps.

Covenant violations are enforced through the declaration's remedies plus reasonable penalties under § 35-20-11. If a member fails to comply, the association can pursue fines, suspend amenity privileges for nonpayment, and seek injunctive relief or damages in court.