DOMESTIC HOA CERTIFICATE OF FORMATION
HOA Cert of Formation – 1/2021 Page 3 of 4
5} power to grant easements, leases, licenses, and concessions through or over the common areas, if any. Attach a
copy of the document(s) granting these powers.
6} statements regarding the payment of dues and assessments to be provided to any person having an interest,
upon the payment of reasonable associated costs – Attach the appropriate statement and/or any
document(s) requiring the statements.
7} preparation and submission of the annual budgets of the association to the members – Attach section of
governing documents regarding annual budgets and reporting of same.
8} The undersigned certifies that the Homeowners’ Association will do any other act a nonprofit is
required to do under the law.
10. In addition to the required items in item 10 of this document, the organizational documents of a Homeowners’
Association may provide for the following – CHECK ALL THAT APPLY TO THIS HOA:
Indemnification and insurance for the association, its officers, and directors
Fidelity bonds for any person or entity having custody or control of any funds of the association
Periodic audits of the financial records of the association
Power to acquire real and personal property for the benefit of the association and its members
Power to hire and discharge managing agents and other employees, agents, and independent
11. The undersigned certify that the homeowners’ association provided for by declaration and subject to the Alabama
Homeowners’ Association Act shall be formed by this filing prior to the conveyance of any lot in the development by
the declarant in accordance with the requirements of Title 35, Chapter 20.
12. Unless an attachment to this Certificate of Formation provides that a change in the number of directors shall be made
only by amendment to the Certificate of Formation, a change in the number of directors made by amendment to the
bylaws shall be controlling. In all other cases, whenever a provision of the Certificate of Formation is inconsistent
with a bylaw, the provision of the Certificate of Formation shall be controlling. [Per 10A-3-3.02(c)]
13. If a conflict exists between the declaration and the governing documents of a homeowners’ association, the declaration
prevails, except to the extent that the declaration is inconsistent with the Alabama Homeowners’ Association Act.
14. The filing of the limited liability company is effective immediately on the date filed by the Judge of Probate or at the
delayed filing date (cannot be prior to the filing date of the Judge of Probate) specified in this filing. [10A-1-4.12] If
a delayed effective date is not desired do not complete the information in this item.
The undersigned specify / / as the delayed effective date (must be on or after the date filed in
the office of the county Judge of Probate, but no later than the 90th day after the date this instrument was signed) and
the time of filing to be : AM or PM. (cannot be noon or midnight – 12:00)
Attached are any other provisions that are not inconsistent with law relating to organization, ownership,
governance, business, or regulation of the internal affairs of the HOA nonprofit corporation, including any
provisions for distribution of assets on dissolution or final liquidation.
*County of Registered Agent is requested in order to determine distribution of County filing fees