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All Forum Posts by: Gregory Stanley

Gregory Stanley has started 10 posts and replied 46 times.

I would check the association website.  In Alabama the law requires associations have these documents "readily available," and in 2024 that essentially means online.  So, I'd check the association portal or website and see what they have posted.  I wouldn't suspect the board members are intentionally obfuscating, but that they just don't know their responsibilities.  A new federal law levies specific requirements on all association boards with some heavy fines; you can search "Corporate Transparency Act" or read my article on that here.   There is also a facebook group called alabamahoacoa that has conversations about these universal issues.

My experience is in Alabama association law, but I suspect the principles are universal:  There is a hierarchy of rules for HOAs and just like government documents, a lower ordinance can be used to execute and make more specific a "higher rule," but can't contradict it.  Analogize to how a federal law can lay out a process for protecting or enforcing a Constitutional right but can't change the right.  The CC&Rs and articles of incorporation are like the Constitution, then Bylaws, then Rules follow.  Bylaws can't contradict the higher governing documents and rules can't contradict the Bylaws.  Bylaws and rules can often be changed by the Board (depending on what the higher documents require), while the CC&Rs and Incorporation docs are intended to be more difficult to change and often require a vote with a super majority of all owners to change.  Probably the most important thing in your scenario is that only documents that are approved in formal minutes and are published to the members are enforceable.  Additionally, nothing can be enforced without a system to challenge the enforcement.  Notice and due process are key.

Post: 2024 Alabama Squatter Law

Gregory StanleyPosted
  • Attorney
  • Alabama
  • Posts 54
  • Votes 36

This is weird.  Someone on the internet has a different opinion.  

Post: 2024 Alabama Squatter Law

Gregory StanleyPosted
  • Attorney
  • Alabama
  • Posts 54
  • Votes 36

This could be the best anti-squatter law in the country. It’s called HB 182 and it’s now the law.

Starting June 1st 2024 we can remove trespassing squatters without having to go to court first.

Post: Tax Certificate And Lien on Unpaid Taxes

Gregory StanleyPosted
  • Attorney
  • Alabama
  • Posts 54
  • Votes 36

So that's not actually correct.  Alabama counties don't all designate it the same, but in the largest county, Jefferson, R/S means that no one bid on the property at the tax sale so the property was bid in by the state and then it was ReSold to an investor.  This designation is becoming less common because nothing goes to the state after tax sales.

Impressive Noah.  Thank you.

My company is Stanley & Associates Law Firm but it says "Coaching/Education" beneath it.  How do I change that to law, or legal?

I have a duplicate company and I'm trying to delete the company entirely..

Post: Recording Quitclaim Deed Tax Assessor Alabama

Gregory StanleyPosted
  • Attorney
  • Alabama
  • Posts 54
  • Votes 36

Your closing agent will record and assess.  A quit claim deed is the proper deed to convey after a tax deed in Alabama.  The deed must be drafted by an attorney and the deed must state who drafted the deed.  The closing agent will not let the seller record or assess (two different things) because they could just trash the deed.  Tax deeds are an interest in real property, please don't treat it like you are buying used furniture.