Fillable STATE OF ALABAMA HOMEOWNERS ASSOCIATION (HOA) DOMESTIC NONPROFIT (State of Alabama)

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STATE OF ALABAMA HOMEOWNERS ASSOCIATION (HOA) DOMESTIC NONPROFIT (State of Alabama)

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HOA C
ert of Formation – 1/2021 Page 1 of 4
STATE OF ALABAMA
HOMEOWNERS’ ASSOCIATION (HOA)
DOMESTIC NONPROFIT CORPORATION CERTIFICATE OF FORMATION
PURPOSE: In order to form a Homeowners’ Association (hereinafter HOA) under Title 35, Chapter 20 as a Nonprofit
Corporation under Section 10A-1-3.05 and 10A-3-3.02 of the Code of Alabama 1975 this Certificate of Formation, all
required attachments, and the appropriate filing fees must be filed with the Office of the Alabama Secretary of State. The
information required in this form is required by Title 10A and Title 35.
INSTRUCTIONS: Mail one (1) signed original and one (1) copy of this completed form along with a self-addressed,
stamped envelope with the filing fee of $200.00 (credit card, check, or money order) to the Secretary of State, Business
Services, P.O. Box 5616, Montgomery, Alabama 36103-5616. The Secretary of State shall pay the sum of $100.00 to
the county treasurer for the county in which the office of the initial registered agent for that entity is located. The
Certificate will not be registered if the credit/debit card does not authorize and will be removed from the index if the
check is dishonored ($30 fee).
This form must be typed.
1. The name of the HOA:
2. A
copy of the Name Reservation certificate from the Office of the Secretary of State must be attached.
3. This is a nonprofit corporation which (MUST check one):
has Members or has no Members
4. The name of the Registered Agent:
The entity ID # of the registered agent if the agent is an entity/organization/business – AL ID # -
Satisfies requirement that entity/organization must be a registered business in Alabama per 10A-1-5.31.
5. Street (No PO Boxes) address in Alabama of Registered Agent (must be where registered agent is located):
*COUNTY of above address:
Mailing address of Registered Agent in Alabama (if different from street address):
This form was prepared by: (type name and full address)
(For SOS Office Use Only)
DOMESTIC HOA CERTIFICATE OF FORMATION
HOA Cert of Formation – 1/2021 Page 4 of 4
6. Purpose for which corporation is formed: Homeowners’ Association – Nonprofit Corporation; the purpose includes the
transaction of any lawful business for which HOAs may be incorporated in Alabama under Title 35, Chapter 20 of the
Code of Alabama.
7. Pe
riod of duration shall be perpetual unless stated otherwise by an attached exhibit.
8. The name of the Incorporator:
Address of Incorporator:
At
tach a listing if more Incorporators need to be added (type “see attached” in the name line).
9. The number of Directors constituting the initial Board of Directors is . The initial Directors names and
addresses must be listed in this Certificate of Formation.
Director’s Name:
Address of Director:
Director’s Name:
Address of Director:
Director’s Name:
Address of Director:
At
tach listing if more Directors need to be added (type “see attached” in the name line for the first Director on
this form).
REQUIRED ATTACHMENTS per Title 35, Chapter 20 - This organization document shall provide for all of
the following:
1} me
thods of efficient communication with the members of the association unless a different method is
required by Chapter 3, Title 10A, Code of Alabama 1975. On an attachment list all types of
communication such as emails, newsletters, meetings, posted signage, correspondence, etc.. Attach any
section of the governing documents that pertains to required communication with the members.
2} ru
les and regulations for the conduct of any meetings of the association - Attach the appropriate section
of the bylaws or governing documents detailing the conduct of meetings, if any.
3} the
compilation, organization, and maintenance of full and complete financial records of the association available
to any member at a reasonable time and place upon the payment of reasonable associated costs - Attach an example of
the financial records that will be made available to members upon request and payment.
4} re
asonable rules and regulations for the use, maintenance, repair, replacement, or modification of any
common areas, if any, including penalties for violations - Attach copies of the appropriate rules and
regulations.
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
contractors
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
DOMESTIC HOA CERTIFICATE OF FORMATION
HOA Cert of Formation – 1/2021 Page 4 of 4
Additional Signatures May Be Attached
Date (MM/DD/YYYY) Signature as required by 10A-1-3.04
Typed Name of Above Signature
Typed Title/Capacity to Sign under 10A-1-3.04
Date (MM/DD/YYYY) Signature as required by 10A-1-3.04
Typed Name of Above Signature
Typed Title/Capacity to Sign under 10A-1-3.04
Date (MM/DD/YYYY) Signature as required by 10A-1-3.04
Typed Name of Above Signature
Typed Title/Capacity to Sign under 10A-1-3.04
/
/
/
/
/
/
HOA Formation Credit Card/Prepaid Account Payment Slip – 1/2021
Secretary of State Credit Card or Prepaid Payment Option/Return/Hold Sheet: If you do not send
an acknowledgement copy and a pre-addressed postage paid envelope with the filing you will not receive
a receipt from the Secretary of State’s Office. Hold for pickup request will have the receipt attached. The
document of record will be stamped showing the receipt of the filing fee but will not show convenience
fees (generally these fees are between 2% and 5% of the total charge).
Information MUST be typed or filing will be returned without review.
Entity Name:
Service Requested: X $200.00 Homeowners Association Formation filing fee
Hold at Front Desk for Pick-up by:
There is no notification service/call for pick-up. (Service providers who run couriers for pick-up)
C
hoose one of the following:
Check/money order is attached-Please make one check payable for each filing to the Alabama
Secretary of State. Do not use one check for multiple filings.
Charge fees to prepaid account: Account Number
and Account Name
Typed Name & Signature of Authorized Individual on Account
Credit Card Type: (Visa, MC, Discover & AmEx)
Card Number: Expiration Mo/Yr.: / (MM/YY)
Card Holder Name:
Complete Billing Address:
Street or PO
City State Zip
Signature of Card Holder:
MUST be Signature of Card Holder
✔
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STATE OF ALABAMA HOMEOWNERS ASSOCIATION (HOA) DOMESTIC NONPROFIT (State of Alabama)

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Completed 27 January 2021

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