Alabama 2023 Regular Session Status: Enacted 1 R cosponsors

SB 98 — Relating to nonprofit homeowners' associations; amending Section 35-20-5, Code of Alabama 1975, to remove the requirement that certain duplicative filings shall be submitted to the Secretary of State.

Last action — Enacted as 2023-177

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 21, 2023. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 72% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Relating to Homeowners' associations, Secretary of State filing requirements, removes articles of incorporation from required filings.

Bill Text

What changed in the latest version

116 added · 104 removed

Plain-language change summary

The updated version of SB 98 removes the requirement for nonprofit homeowners' associations to file both articles of incorporation and a certificate of formation with the Secretary of State, which were largely duplicative filings. This change simplifies the process for these associations, making it easier and less burdensome for them to establish their nonprofit status. By streamlining these requirements, the bill aims to reduce administrative hassles and help associations focus more on their community responsibilities.

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Latest
SB98 INTRODUCED U8R8XG-1 By Senator Givhan RFD:
SB98 ENROLLED U8R8XG-2 By Senator Givhan RFD:
21-Mar-23 Page 0 U8R8XG-1 03/21/2023 SLU (L)SLU 2023-519 2 4 SYNOPSIS:
21-Mar-23 2023 Regular Session Page 0 SB98 Enrolled Enrolled, An Act, 3 Relating to nonprofit homeowners' associations;
Under existing law, in order to establish its existence as a nonprofit organization under the laws of the state, a homeowners' association is required to file articles of incorporation with the Secretary of State under one code section, and file a certificate of formation with the Secretary of State consisting of information substantially the same as articles of incorporation, under a more recent code section.
This bill would remove the requirement that a homeowners' association must file articles of incorporation to be organized as a nonprofit corporation.
A BILL TO BE ENTITLED AN ACT Relating to nonprofit homeowners' associations;
Section 35-20-5, Code of Alabama 1975, is Page 1 SB98 INTRODUCED amended to read as follows:
Section 35-20-5, Code of Alabama 1975, is amended to read as follows:
The original covenants, conditions, or restrictions adopted by the association.
The original covenants, conditions, or Page 1 SB98 Enrolled restrictions adopted by the association.
Any documents filed with the Secretary of State shall be filed in accordance with Division 4 of Article 3 of Chapter 4, provided such documents filed with the Secretary of State pursuant to this chapter Page 2 SB98 INTRODUCED shall not be deemed to provide notice pursuant to Chapter 4.
Any documents filed with the Secretary of State shall be filed in accordance with Division 4 of Article 3 of Chapter 4, provided such documents filed with the Secretary of State pursuant to this chapter shall not be deemed to provide notice pursuant to Chapter 4.
(5) Power to grant easements, leases, licenses, and concessions through or over the common areas, if any.
(5) Power to grant easements, leases, licenses, and Page 2 SB98 Enrolled concessions through or over the common areas, if any.
(d) In addition to the requirements set forth in Page 3 SB98 INTRODUCED subsection (c), the organizational documents of a homeowners' association may provide for the following:
(d) In addition to the requirements set forth in subsection (c), the organizational documents of a homeowners' association may provide for the following:
Page 4
Page 3 SB98 Enrolled 82 ________________________________________________ President and Presiding Officer of the Senate 86 88 ________________________________________________ Speaker of the House of Representatives 91 SB98 Senate 06-Apr-23 I hereby certify that the within Act originated in and passed the Senate.
97 Patrick Harris, Secretary.
House of Representatives Passed:
02-May-23 By:
Senator Givhan Page 4
View plain text versions (3)

Action History

  1. Enrolled

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 139 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (139)

139 members have not signed on to this bill.

Show all 139 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 104 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5000
R 71000
D 25001
Total 101001
% of votes cast 99%0%0%1%
How each member voted (102)
Member Party Vote
Wood (D) — Yea
Corey Harbison — Yea
Cynthia Almond — Yea
John W. Rogers — Yea
Randall Shedd — Yea
Adline Clarke D Yea
Anthony Daniels D Yea
Artis 'A.J.' McCampbell D Yea
Barbara Boyd D Yea
Barbara Drummond D Yea
Berry Forte D Yea
Chris England D Yea
Curtis Travis D Yea
Jeremy Gray D Yea
Juandalynn Givan D Yea
Kelvin Lawrence D Yea
Kenyatté Hassell D Yea
Laura Hall D Yea
M. Moore D Not Voting
Napoleon Bracy D Yea
Neil Rafferty D Yea
Ontario Tillman D Yea
Patrice McClammy D Yea
Patrick Sellers D Yea
Pebblin W. Warren D Yea
Phillip Ensler D Yea
Prince Chestnut D Yea
Rolanda Hollis D Yea
Sam Jones D Yea
TaShina Morris D Yea
Thomas Jackson D Yea
Alan Baker R Yea
Allen Treadaway R Yea
Andy Whitt R Yea
Arnold Mooney R Yea
Ben Harrison R Yea
Ben Robbins R Yea
Bill Lamb R Yea
Bob Fincher R Yea
Brett Easterbrook R Yea
Chad Robertson R Yea
Chip Brown R Yea
Chris Blackshear R Yea
Chris Pringle R Yea
Chris Sells R Yea
Corley Ellis R Yea
Craig Lipscomb R Yea
Danny Crawford R Yea
Danny Garrett R Yea
David Faulkner R Yea
David Standridge R Yea
Donna Givens R Yea
Ed Oliver R Yea
Ernie Yarbrough R Yea
Frances Holk-Jones R Yea
Ginny Shaver R Yea
Ivan Smith R Yea
James Lomax R Yea
Jamie Kiel R Yea
Jeff Sorrells R Yea
Jennifer Fidler R Yea
Jerry Starnes R Yea
Jim Carns R Yea
Jim Hill R Yea
Joe Lovvorn R Yea
Kenneth Paschal R Yea
Kerry (Bubba) Underwood R Yea
Leigh Hulsey R Yea
Mack Butler R Yea
Marcus Paramore R Yea
Margie Wilcox R Yea
Mark Gidley R Yea
Mark Shirey R Yea
Matt Simpson R Yea
Matt Woods R Yea
Matthew Hammett R Yea
Mike Kirkland R Yea
Mike Shaw R Yea
Nathaniel Ledbetter R Yea
Parker Moore R Yea
Paul W. Lee R Yea
Phillip Pettus R Yea
Phillip Rigsby R Yea
Randy Wood R Yea
Reed Ingram R Yea
Rex Reynolds R Yea
Rhett Marques R Yea
Rick Rehm R Yea
Ritchie Whorton R Yea
Ron Bolton R Yea
Russell Bedsole R Yea
Scott Stadthagen R Yea
Shane Stringer R Yea
Steve Clouse R Yea
Steve Hurst R Yea
Susan DuBose R Yea
Terri Collins R Yea
Tim Wadsworth R Yea
Tracy Estes R Yea
Troy Stubbs R Yea
Wes Kitchens R Yea
William Brock Colvin R Yea

Official roll call →

Passed 31 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
R 23002
D 6002
Unaffiliated 1000
Total 30004
% of votes cast 88%0%0%12%
How each member voted (34)

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 98 do?
Relating to Homeowners' associations, Secretary of State filing requirements, removes articles of incorporation from required filings.
Who sponsors SB 98?
SB 98 is sponsored by Sam Givhan (R).
What is the current status of SB 98?
This bill has been enacted into law. Introduced March 21, 2023. Enacted.
Where can I track SB 98?
Track SB 98 free on One Click Politics — get push/email alerts when it moves.

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