HOA Bulkhead Repair in Orange Beach and Baldwin County
A shared bulkhead is a board decision, a records question and a permit project at once, and each step has an Alabama rule behind it.
Who owns and maintains an HOA bulkhead?
Read the recorded declaration first. Under the Alabama Homeowners' Association Act, common area means property the association owns, leases or must maintain, as designated in the declaration or on a recorded plat. The declaration must give the association maintenance duty for common areas. Code of Alabama 35-20-2
Know which law applies. The Act covers developments whose declaration was recorded on or after January 1, 2016, and older associations only if a majority of members elect it. It does not cover condominiums. Code of Alabama 35-20-3
If the plat or declaration puts the wall in common area, the board owns the repair question. If it sits on individual lots, each owner may be responsible.
What records and proof will the board need?
Members and buyers can request records. Within 30 days of a written request, an HOA under the Act must provide current and pending assessments and the budget. It must also provide reserve funds if any, insurance and pending liens or lawsuits. Code of Alabama 35-20-13
State Lands also wants proof of upland control. HOA documents showing control of the shoreline can serve as that proof. ADCNR rule 220-4-.09
- Recorded declaration, plat and bylaws.
- Survey showing the wall and the mean high tide line.
- Past permits, invoices and engineer reports.
- Board vote and the person authorized to sign.
What are the project steps and fees?
A shared wall usually moves in phases: assessment, design, permits, bids and construction. The fees below are state fees for non-Gulf shoreline work.
- ADEM coastal fee: $1,000 for 50 feet or less of bulkhead or riprap, and $1,665 for more than 50 feet. ADEM Fee Schedule B
- State Lands request: a $100 application fee for a Consent of Use, easement or dredge permit. ADCNR rule 220-4-.09
- Corps Nationwide Permit 13 covers bulkheads up to 500 feet long unless waived. Corps NWP 13
See permits for the full stack and neighbor projects when lots are separate.
Explore nearby owner interest.
Use the neighbor-group invitation to see which nearby owners want to coordinate planning. Each owner decides on their own work.
Common questions
Can an HOA charge owners for a bulkhead repair?
That depends on the declaration and the budget process it requires. Ask an Alabama attorney to read the assessment powers before the board votes.
How fast must the HOA hand over records?
Within 30 days of a written request for associations under the Alabama Act, at reasonable cost. Code of Alabama 35-20-13
Does the HOA need a permit to repair its own wall?
Usually yes. ADEM treats normal maintenance and repair of bulkheads that existed on August 14, 1979 as a permissible use. ADEM rule 335-8-1-.05 State Lands applies its rule again when more than half a structure is rebuilt. ADCNR rule 220-4-.09
Who should check the contractor?
The board. Alabama requires licensees to put their license number on contracts, bids and proposals, so ask for it and verify it. Code of Alabama 34-8-6
What if a subcontractor is not paid?
Subcontractors and suppliers can lien the whole lot, and the owner may be exposed even after paying the prime contractor. Get lien releases at each payment. Code of Alabama 35-11-218
Does flood insurance cover the HOA wall?
No. The standard federal flood policy does not insure seawalls, bulkheads, docks or piers. NFIP policy form
What should the board check before a vote?
Read the declaration, then pull the budget and reserve records. An HOA under the Alabama Act must hand over current assessments, the budget, reserves if any and pending liens or suits within 30 days of a written request. Code of Alabama 35-20-13
Check that the Act applies at all. It reaches associations recorded on or after January 1, 2016, plus older ones that opt in by majority. Code of Alabama 35-20-3
Keep the minutes. A clear vote makes later permits and contracts simpler.
Does a living shoreline fit our shore?
Alabama leans toward soft shorelines. The Joe Faust Living Shoreline Act lets State Lands permit a residential riparian owner to dredge sediment in the owner's riparian area to build a living shoreline. The dredge fee is half the usual fee. It states the aim of encouraging them over vertical walls. Code of Alabama 9-7-13.1
The Corps living shoreline permit needs a substantial biological part, such as fringe marsh or oyster reef, and works along low to mid energy shores. Corps NWP 54
ADEM requires applicants to rule out non-structural options before armoring. ADEM rule 335-8-2-.06(1)(d) See living shorelines.
What goes on the decision sheet?
- Who owns the wall under the declaration and plat.
- Repair, replace or soften, with a written scope for each.
- Permit list and who files each item.
- Funding: reserve, assessment or loan.
- Contractor license check and lien release plan.
Give owners the sheet before the meeting. See the contractor check guide.
Show sourcesHide sources
- Code of Alabama 1975 Sec. 35-20-13, RecordsSource reviewed 2026-10-31
- Code of Alabama 1975 Sec. 35-20-3, Applicability of ChapterSource reviewed 2026-10-31
- Code of Alabama 1975 Sec. 9-7-13.1, Dredging of Material for Use in Constructing a Residential Living ShorelineSource reviewed 2026-10-31
- 2026 Nationwide Permit 54, Living Shorelines, 91 FR 768Source reviewed 2026-10-31
- ADEM Admin. Code r. 335-8-2-.06 Shoreline Stabilization and Erosion MitigationSource reviewed 2026-10-31
Discuss an association project
Record the affected shoreline and the decision you need to make. Use the notes when discussing scope with the appropriate professional.