Our initial scan found 3 potential issues in your governing documents.
We checked the 2 public PDFs on POA of Spanish Cove’s website against current Alabama and federal HOA law—and more issues may exist depending on the documents you load.
✓Association Bylaws✓CC&Rs / Declaration+ Add up to 10 PDFs in Full Analysis
Association Bylaws · Sec. Spanish Cove Bylaws, Article V, Section 2 & Rules & Regulations to the Bylaws · Page 1
Improper Modification of Substantive Lot Covenants via Board 'Rules and Regulations to the Covenants'
Operative Clause · Sec. Spanish Cove Bylaws, Article V, Section 2 & Rules & Regulations to the Bylaws (Page 1)
“Board Amendment of Rules and Assessment Late Penalties Without Membership Vote — The Board of Directors shall have the power to adopt, amend, and repeal Rules and Regulations to the Covenants and Bylaws…”
Why It’s Flagged
Alabama Supreme Court Precedent (Hall v. North Montgomery Materials, LLC; Willow Lake Residential Ass'n v. Juliano, 80 So. 3d 226 (Ala. Civ. App. 2010))
Under Alabama law (Willow Lake Residential Ass'n v. Juliano, 80 So. 3d 226 (Ala. Civ. App.
2010)), an HOA board's rulemaking authority over common areas cannot be used to impose new substantive restrictions on privately owned lots ('Rules & Regulations to the Covenants') or alter the covenant amendment threshold required of the lot owners.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1Amend Section Spanish Cove Bylaws, Article V, Section 2 & Rules & Regulations to the Bylaws to conform with Alabama Supreme Court Precedent (Hall v. North Montgomery Materials, LLC.
2Willow Lake Residential Ass'n v. Juliano, 80 So. 3d 226 (Ala. Civ. App. 2010)) prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
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