Alabama Covenants
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How to fill out 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.
