Alabama Covenants, also known as Alabama restrictive covenants or Birmingham restrictive covenants, are legal agreements or clauses used in real estate transactions within the state of Alabama. These covenants aim to regulate and control the use, appearance, and purpose of properties within certain designated areas or neighborhoods. The main purpose of Alabama Covenants is to maintain a certain level of consistency, quality, and harmony in the community or subdivision. These covenants typically impose certain restrictions and regulations upon property owners to preserve property values, protect residents' rights, and ensure a desirable living environment. While the specifics may vary, Alabama Covenants often include limitations and guidelines related to: 1. Architectural control: Alabama Covenants may dictate the architectural style, design choices, building materials, and construction standards applicable to properties within the specified area. This ensures that the overall aesthetic harmony is maintained and prevents the construction of structures that may be considered visually incompatible. 2. Land use: These covenants may dictate the permitted land use, such as restrictions on commercial activities, limitations on home-based businesses, or prohibitions on agricultural or industrial use. They may also specify the minimum lot size, density, or setbacks required for new construction. 3. Maintenance and upkeep: Alabama Covenants often include provisions that require property owners to maintain their properties appropriately. This may involve regulations related to landscaping, upkeep of exteriors, cleanliness, and the prevention of nuisances or hazards. 4. Restrictions on nuisances: Covenants may prohibit certain activities or conditions that may create a nuisance within the community, such as noise disturbances, pollution, offensive odors, or the unauthorized operation of machinery or equipment. 5. Use of common areas: If a subdivision or community has common areas or amenities, Alabama Covenants may outline rules for their use, maintenance responsibilities, and any associated fees or assessments. It is important to note that the specific contents and scope of Alabama Covenants can vary significantly depending on the community or subdivision in question. Different neighborhoods or developments may have their own unique set of restrictions tailored to the desired character and needs of the area. Additionally, the enforcement of these covenants is typically overseen by a homeowners' association or similar entity. Overall, Alabama Covenants serve as essential tools to guide development, protect property values, and foster a sense of community within designated areas.
Alabama Covenants
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FAQ
HOAs have power because the association grants them rights and privileges. An HOA's power comes from the documents that created the association. It gives the HOA the ability to set rules and regulations for the building or community. The documents also give the HOA the ability to enforce those rules.
In Alabama, non-competes and non-solicitation agreements are void unless the agreement satisfies certain exceptions in the law. An employer seeking to enforce a non-compete must first establish it has a protectable interest.
In other words, the general rule followed in Alabama is that restrictive covenants in non-compete agreements that prevent a legal business, trade, or profession from carrying out business are not enforceable. There are exceptions to this general rule.
An agent, servant, or employee of a commercial entity may agree with the entity to refrain from engaging in similar business within a specified geographic area. The restriction must be reasonable in time and geography. Again, restraints of two years or less are presumed to be reasonable.
"These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date these covenants are recorded, after which said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by a ...
(e) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the full amount of the assessments becomes due.
Finally, while your HOA can't place restrictive covenants that violate state or federal laws, they can still limit your rights within reason.
