Fillable SUPPLEMENT TO CERTIFICATE OF FORMATION STATE OF ALABAMA (State of Alabama)

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SUPPLEMENT TO CERTIFICATE OF FORMATION STATE OF ALABAMA (State of Alabama)

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SUPPLEMENT TO CERTIFICATE OF FORMATION
STATE OF ALABAMA
HOMEOWNERS’ ASSOCIATION (HOA)
DOMESTIC NONPROFIT CORPORATION
HOA Supplement - 3/2016 Page 1
(For SOS Office Use Only)
PURPOSE: Under Section 35-20-5 of the Code of Alabama 1975
this
supplemental information (in addition to the Title 10A, Chapter 3
Certificate of Formation information) and the appropriate filing fees
must be filed with the Office of the Alabama Secretary of State.
INSTRUCTIONS: Mail a signed copy of this completed form and the
filing fee of $50.00 (credit card, check, or money order) to the
Secretary of State, Business Services, P.O. Box 5616, Montgomery,
Alabama, 36103-5616. If you elect expedited processing completed
in less than 24 hours after receipt by Secretary of State the fee is
$150.00 (a $100.00 expedite fee plus the $50.00 filing fee). If you
would like an acknowledgement, include a copy and postage paid self-
addressed envelope. The Supplement
will not be registered if the
credit card does not authorize and will be removed from the index if the check is dishonored ($30 NSF fee). All
processing instructions are complete in this form; cover letters are not necessary and will not be reviewed.
The information completing this form must be typed.
FAX or Email submissions will not be acknowledged, processed, or returned.
1. The name of the HOA from the Certificate of Formation:
2. The date the Certificate of Formation was filed in the county: / /
(format MM/DD/YYYY)
3. Check one of the following:
(a)_____New Entity, or
(b) _____ If amending an existing entity provide Alabama Entity ID Number (Format: 000-000):
INSTRUCTION TO OBTAIN ID NUMBER TO COMPLETE FORM: If you do not have this number immediately
available, you may obtain it on our website at
www.sos.alabama.gov under the Business Services tab. Click on the Homeowners’
Associations link, click on the Homeowners’ Associations Electronic Database, enter the registered name of the entity in the
appropriate box, and enter. The six (6) digit number containing a dash to the left of the name is the entity ID number. If you
click on that number, you can check the details page to make certain that you have the correct entity –
this verification step is
strongly recommended.
4. The following items must be attached if they exist and were not included with the Certificate of Formation filed as
stated above. You must check one of each of the three (3) sets of statements and attach documentation if such
documentation exists outside of the recorded Certificate of Formation:
Articles of Incorporation other than the Certificate of Formation noted above are attached,
or
No Articles of Incorporation other than the Certificate of Formation noted above exist.
-
HOA DOMESTIC NONPROFIT CORPORATION SUPPLEMENT
HOA Supplement - 3/2016 Page 2
Bylaws, resolutions, or other governing documents of the HOA are attached,
or
No bylaws, resolutions, or other governing documents other than those included with the Certificate of Formation
noted above exist.
The original covenants, conditions, or restrictions adopted by the HOA are attached,
or
No original covenants, conditions, or restrictions adopted by the HOA other than those included with the
Certificate of Formation noted above exist.
5. REQUIRED ATTACHMENTS per Title 35, Chapter 20 – If not already provided in the Declaration
or other organizational documents, this Supplement to Certificate of Formation shall provide
for all of the following:
1) methods of efficient communication with the members of the HOA 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) rules and regulations for the conduct of any meetings of the HOA- 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 HOA
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) reasonable 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.
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 HOA to the members – Attach section of
governing documents regarding annual budgets and reporting of same.
8) The undersigned certifies that the HOA will do any other act a nonprofit is required to do under
the law.
HOA DOMESTIC NONPROFIT CORPORATION SUPPLEMENT
HOA Supplement - 3/2016 Page 3
6. In addition to the required items in item 5 of this document, the organizational documents of a HOA may
provide for the following – CHECK ALL THAT APPLY TO THIS HOA:
Indemnification and insurance for the HOA, its officers, and directors
Fidelity bonds for any person or entity having custody or control of any funds of the HOA
Periodic audits of the financial records of the HOA
Power to acquire real and personal property for the benefit of the HOA and its members
Power to hire and discharge managing agents and other employees, agents, and independent
contractors
7. The undersigned certify that the HOA 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.
8. Unless an attachment to this Supplement to 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 Certificate of Formation is inconsistent with a bylaw, the provision of the Certificate of Formation shall
be controlling. [Per 10A-3-3.02(c)]
9. If a conflict exists between the declaration and the governing documents of a HOA, the declaration prevails,
except to the extent that the declaration is inconsistent with the Alabama Homeowners’ Association Act.
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.
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
/
/
HOA Supp Credit Card/Prepaid Account Payment Slip – 3/2016
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 or provide
an email return on this form, you will not receive a credit card or prepaid account receipt from the
Secretary of State’s Office. Hold for pickup request will have the receipt attached. Office personnel will
not be able to search credit card or prepaid account transactions to help you balance your accounts.
Please do not use these options if you have problems collecting receipts from your filing agents. The
document of record will be stamped showing the receipt of the filing fee and expedite fee but will not
show convenience fees which will be charged by your card service provider (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:
$ 50.00 HOA Supplemental filing fee
$100.00 Expedited Processing fee (must be included with initial filing)
Hold at Front Desk for Pick-up by:
(Service providers who run couriers for pick-up)
There is no notification service and there will not be a call for pick-up.
Return via email (only one email):
No paper copy will be sent if email is provided.
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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SUPPLEMENT TO CERTIFICATE OF FORMATION STATE OF ALABAMA (State of Alabama)

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Completed 20 July 2020

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