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
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 21, 2023. Enacted.
Odds of enactment
High chanceBased 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
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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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 removedPlain-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.
SB98 INTRODUCEDENROLLED U8R8XG-1U8R8XG-2 By Senator Givhan RFD:
21-Mar-23 2023 Regular Session Page 0 U8R8XG-1SB98 03/21/2023Enrolled SLUEnrolled, (L)SLUAn 2023-519Act, 23 4Relating SYNOPSIS: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:
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.
(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:
Page 43 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
Action History
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Enrolled
Sponsors
- Sam Givhan · Primary
Sponsorship breakdown
Export CSV (upgrade) →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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 71 | 0 | 0 | 0 |
| D | 25 | 0 | 0 | 1 |
| Total | 101 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 23 | 0 | 0 | 2 |
| D | 6 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 30 | 0 | 0 | 4 |
| % of votes cast | 88% | 0% | 0% | 12% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Not Voting |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Yea |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Not Voting |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Not Voting |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
Subjects
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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