Alabama HOA Fines: Reasonable Penalties With a Hearing, No Statutory Cap

The Alabama Homeowners' Association Act addresses fines in Ala. Code § 35-20-11, which lets the board "assess reasonable penalties against a member for any violation of the declaration or rules adopted by the board," provided the member "is afforded the opportunity to be heard and represented by counsel before the board." The same section lets the board suspend a member's right to use association facilities or services for nonpayment of assessments, but it may not deny a member access to the member's lot. Parallel notice-and-hearing protections apply before penalties may be assessed against tenants. The Act imposes no maximum dollar amount, so a fine is limited only by the reasonableness standard and by any cap the recorded declaration sets.

A fine imposed without first giving the member an opportunity to be heard (and represented by counsel) before the board violates Ala. Code § 35-20-11 and is subject to challenge. Unpaid penalties may support a lien where the governing documents allow.