Elmore County, Alabama

applies when — Applies to the subdivision of all property within the unincorporated areas of Elmore County.

Requires adherence to uniform standards for property division, including soil analysis based on USDA NRCS surveys, recording of final plats, and construction of public improvements or provision of performance bonds.

Adopted March 21, 2012; Title 6, Chapter 28 of the Elmore County Zoning and Development Ordinance.

applies when — Applies to parcels located within designated zoning jurisdictions or specific communities (e.g., Mayfield).

Imposes specific setbacks, height limits, floor-area ratios, and lot-coverage requirements on residential parcels.

Regulations are subject to periodic updates by the Elmore County Board of County Commissioners.

Property is assessed at a percentage of fair market value based on class: Class I (utility) at 30%, Class II (all other property) at 20%, and Class III (agricultural, forest, residential) at 10%. The total tax rate is the sum of state, county, and local school district millage rates applied to the assessed value, minus applicable exemptions such as the homestead exemption.

Governed by Alabama Constitution and administered by the Elmore County Revenue Commissioner.

applies when — Parcels located within a planned community governed by the Alabama Homeowners' Association Act

The association holds a statutory lien on the lot for unpaid assessments from the date they become due. This lien has priority over later encumbrances, excluding state/county ad valorem taxes and prior mortgages.

Alabama Homeowners' Association Act, effective January 1, 2016 (Ala. Code § 35-20-12).

applies when — Eligible Class III property (agricultural, forest, or historic)

Allows property to be taxed based on its current use value rather than fair market value, potentially reducing the tax burden. Conversion to a non-qualified use triggers revaluation and potential back-tax liability.

Code of Alabama 1975, §§ 40-7-25.1, 40-7-25.2, 40-7-25.3.

Lenders may conduct non-judicial foreclosures if the mortgage contract includes a power-of-sale clause. There is a statutory six-month right of redemption for residential property following a foreclosure sale.

Governed by Alabama Code § 40-10-122 and related mortgage statutes.

Property is assessed at 10% of its fair market value. The tax liability is calculated by multiplying the assessed value by the local millage rate. A standard homestead exemption applies to the 6.5 mill statewide property tax on the first $4,000 of assessed valuation.

Governed by Alabama Constitution and Code of Alabama 1975, Title 40.

≈ $31,899/yr on a $318,993 median

Lenders may conduct non-judicial foreclosures. Notice of the sale must be provided in the county where the land is located. Lenders must mail a notice regarding the right to redeem the home at least 30 days before the sale.

Alabama Code Title 35, Chapter 10, Article 1A.

applies when — Parcels located within a development governed by a homeowners' association

Imposes governance structures, assessment obligations, and restrictive covenants as defined by the association's declaration and bylaws.

Alabama Code Title 35, Chapter 20.

Residential property is classified as Class 3 and assessed at 10 percent of its fair market value. A standard homestead exemption applies to the 6.5 mill statewide property tax on the first $4,000 of assessed valuation.

Governed by Alabama Constitution and administered by the Alabama Department of Revenue.

applies when — Residential parcel not served by a public or centralized municipal sanitary sewer collection system.

Mandates that parcels rely upon permitted onsite sewage treatment and disposal systems (septic tanks). Prohibits any dwelling construction, occupancy, or transfer without an unrevoked Approval of Installation and Permit to Operate issued by the Alabama Department of Public Health through the local county health department. Restricts parcel lot density, soil absorption fields, setbacks to property lines and wells, and mandates reserve replacement drainfield areas.

Ala. Code § 22-26-1 et seq.; Ala. Admin. Code r. 420-3-1.

applies when — Residential parcel containing target housing constructed prior to 1978.

Requires property owners and contractors conducting disturbance or renovation activities impacting more than de minimis surfaces (6 sq ft interior or 20 sq ft exterior) to follow lead-safe work practices and utilize state-accredited lead renovators under the Alabama Department of Public Health (Safe State program). Sellers and landlords are required to provide buyers/tenants the state-monitored lead hazard information pamphlet and disclose known lead paint records.

Ala. Code § 22-37A-1 et seq.; Ala. Admin. Code r. 420-3-27.

applies when — Residential mortgage or deed of trust containing an express power-of-sale clause upon borrower default.

Permits lenders to execute a non-judicial foreclosure without filing a court action. The foreclosing entity is required by state statute to publish notice of the foreclosure sale once a week for three consecutive calendar weeks in a newspaper published in the county where the real property is located. State statute does not require direct personal service or mailed notice to the debtor of the sale itself (though underlying mortgage contracts and 2016 statutory redemption notices mandate pre-sale mailings).

Ala. Code § 35-10-13.

Grants the mortgagor a post-sale statutory right to buy back the property from the foreclosure sale purchaser by paying the purchase price plus lawful interest, insurance, taxes, and permanent improvements. For residential properties where a homestead exemption was claimed in the tax year of the sale and mortgages originated on or after January 1, 2016, the redemption period is 180 days (6 months), provided the lender gave 30 days pre-sale notice of the right. For all other properties or older mortgages, a 1-year statutory redemption period applies. The debtor must surrender possession within 10 days of written demand or forfeit redemption rights.

Ala. Code §§ 6-5-248 through 6-5-251.

applies when — Residential parcel located within the designated Coastal Zone boundaries of Mobile or Baldwin Counties below the continuous 10-foot contour line.

Subject to state-level environmental and construction permitting overseen by the Alabama Department of Environmental Management (ADEM) under Division 8 regulations. Prohibits construction seaward of the coastal construction control line, strictly regulates shoreline armoring/bulkheads, requires beach and dune protection permits, and limits impervious surfaces and wetland fill, superceding local zoning allowances.

Ala. Code § 9-7-10 et seq.; ADEM Administrative Code r. 335-8-1-.01 et seq.

Alabama is one of the few strict 'caveat emptor' (buyer beware) jurisdictions for residential real property transfers. Sellers are not subject to a general statutory mandate to provide a comprehensive property condition disclosure form. However, common law and statutory exceptions bind every parcel seller to disclose: (1) known latent defects that pose a direct risk to health or safety and cannot be discovered by reasonable buyer diligence, (2) direct responses without misrepresentation if asked specific condition questions, and (3) fiduciary or confidential relationship duties.

Established in Alabama common law (e.g., Blaylock v. Cary, 709 So. 2d 1128; Fennell Realty Co. v. Martin, 529 So. 2d 1003); codified licensing boundaries at Ala. Code § 34-27-36.

applies when — Residential real property situated outside incorporated municipal limits but within the municipality's designated extraterritorial planning jurisdiction (typically 1.5 to 5 miles of the corporate line based on municipal population class).

Subjects unincorporated parcels to municipal planning commission subdivision regulations, access standards, lot layout requirements, right-of-way dedications, and utility connection mandates even though the parcel does not receive municipal services or pay municipal property taxes.

Ala. Code § 11-52-30 et seq.

applies when — Residential parcel created as a condominium unit under a master deed/declaration.

Imposes statutory covenants runs with the land, allocates common expense liabilities to individual units, and establishes an automatic statutory lien against the residential parcel for unpaid common expense assessments without requirement of separate court action. Liens have statutory priority over subsequent encumbrances (subject to first mortgages) and allow foreclosure under power-of-sale mechanisms.

Ala. Code § 35-8A-101 et seq. (Alabama Uniform Condominium Act of 1991).

applies when — Residential parcel located within a subdivision governed by a recorded Declaration of Covenants, Conditions, and Restrictions with a mandatory-membership HOA formed on or after January 1, 2016 (or older HOAs that opted in).

Binds the parcel to the recorded declaration, bylaws, and mandatory maintenance assessment charges. Under Chapter 20, recorded declarations establish a lien on the parcel for unpaid assessments, late fees, and enforcement costs upon recording a statement of lien in the county probate office. Regulates HOA board fiduciary operations, annual disclosures, and architectural rules directly binding exterior parcel improvements.

Ala. Code § 35-20-1 et seq. (enacted via Act 2015-292, effective January 1, 2016).

Establishes a baseline 6.5 statewide millage rate ($0.0065 per dollar of assessed value) under Ala. Code § 40-8-1 and the Alabama Constitution. Single-family owner-occupied residential properties are classified as Class III with an assessment ratio of 10% of appraised fair market value (FMV). Formula: Assessed Value = Appraised FMV × 0.10. Unadjusted Tax = Assessed Value × Millage Rate (State 6.5 mills + County/Municipal/School millage). Class III residential property is also constitutionally protected by a statewide lid bill capping aggregate ad valorem tax levies at 1.0% of fair market value.

Ala. Const. art. XI, § 214; Ala. Const. Amend. 373 (the 'Lid Bill'); Ala. Code § 40-8-1.

≈ $31,899/yr on a $318,993 median

applies when — Single-family dwelling and parcel not exceeding 160 acres owned and occupied by the taxpayer as their primary residence on October 1 of the tax year.

Exempts up to $4,000 in assessed valuation from the 6.5 mill state ad valorem tax levy (providing a maximum direct state tax reduction of $26.00). Formula: Adjusted State Tax = Max(0, (Assessed Value - $4,000)) × 0.0065. Also provides a basic county exemption of up to $2,000 in assessed value for county taxes (excluding county school taxes). Additional full state/county exemptions exist for owners who are 65+ with qualifying net taxable income or permanently and totally disabled.

Ala. Code §§ 40-9-19 through 40-9-21.