(a) The board of directors, to the extent authorized by the declaration and governing documents, may do the following:
(1) Suspend a member's right to use facilities or services provided directly through the association for nonpayment of assessments under subdivision (2), to the extent that access to the member's lot is not denied.
(2) Assess reasonable penalties against a member for any violation of the declaration or rules adopted by the board of directors after the member is afforded the opportunity to be heard and represented by counsel before the board of directors.
(b) If a tenant of a member violates the declaration or rules adopted by the board of directors, in addition to exercising any of its powers and rights against the member, the board of directors may do any of the following:
(1) Exercise any of the actions authorized in subdivision (1) of subsection (a) directly against a tenant of a member.
(2) Assess a penalty authorized in subdivision (2) of subsection (a) directly against a tenant after giving notice to the tenant and member and an opportunity to be heard before the board of directors.
(3) Enforce any other rights against the tenant for the violation which the member as landlord could lawfully have exercised under the lease or which the board of directors could have exercised against the unit owner.
(c) The amount of any penalty assessed under this section shall be considered an assessment for purposes of Section 35-20-12.
Structure Code of Alabama
Chapter 20 - Alabama Homeowners' Association Act.
Section 35-20-1 - Short Title.
Section 35-20-2 - Definitions.
Section 35-20-3 - Applicablity of Chapter.
Section 35-20-4 - Construction and Administration of Chapter.
Section 35-20-6 - Formation of Association.
Section 35-20-7 - Election of a Board of Directors and Officers; Modification of Declaration.
Section 35-20-8 - Priority of Declaration.
Section 35-20-9 - Notice of Election.
Section 35-20-10 - Delivery of Certain Information to the Board Upon Election.
Section 35-20-11 - Powers of Board.
Section 35-20-12 - Liens for Unpaid Assessments.
Section 35-20-14 - Dissolution and Liquidation of Assets Upon Termination of Declaration.