HOA Bulkhead Replacement and Seawall Repair, Mobile Bay
HOA bulkhead replacement on Mobile Bay begins with ownership. The recorded plat and the declaration, which holds the community's rules, show who owns each stretch of wall.
Who owns the bulkhead in your HOA?
Read the recorded plat and the declaration. Together they show which wall sections the HOA owns and which belong to lot owners.
Alabama defines common area as land the HOA owns, leases or must maintain. The declaration or a recorded plat has to mark it that way. Alabama Code 35-20-2
The state HOA Act covers communities recorded on or after January 1, 2016. Older ones fall under it only if a majority of members vote to opt in. Alabama Code 35-20-3
What should the board gather first?
- A sketch of each wall section, its length in feet and the lots behind it.
- Dated photos and any engineer report.
- The budget and any savings set aside for repairs.
- Papers that show the HOA controls the shore land behind the wall.
- Bids that show a state license number on each one.
The sections below cover the records, permit proof and bid rules for each item.
Can the work be done in stages?
Often yes. Put the worst sections first and ask the engineer what order keeps neighbors safe.
Mobile County owners like the idea of teaming up. A county survey found 93 percent of shore owners open to partnering with neighbors. Mobile County Shoreline Plan survey
Tell members early. A clear plan, a budget and a timeline calm most disputes. The neighbor group page shows how shared planning works.
See who nearby is interested.
The neighbor-group invitation lets you see which nearby owners want to plan together. Each owner still chooses their own work.
Common questions
Is the seawall always the HOA's job to fix?
No. It depends on the plat and the declaration. If they name the wall as common area, the HOA maintains it. If not, each lot owner may be responsible.
Does Alabama require an HOA to keep a reserve fund?
The state records rule lists reserve funds only "if any", so check your own declaration. A reserve study can show the board how much to set aside.
How do we vote on a special fee for a wall repair?
Follow your declaration and bylaws first. They set who votes, how notice goes out and what the limit is.
Do we need a permit for a replacement?
Yes, usually from the city or county. A wall at the water line also needs ADEM, State Lands and the Corps. Start with the permit guide.
Can neighbors outside the HOA join the project?
They can talk to the board, but each owner still signs a contract for their own lot.
How do we check a contractor?
Ask for the license number, a written proposal and references. The contractor check guide lists the steps and the Alabama boards to call.
What can HOA members ask to see?
Members and buyers can ask in writing for the HOA's budget and any reserve funds. The HOA has 30 days to answer and may charge a reasonable cost. Alabama Code 35-20-13
A reserve fund is money set aside for big repairs. A reserve study is a plan that estimates when major items will need work and what each will cost. Ask whether yours covers the bulkhead.
Does a living shoreline fit a community?
Sometimes. A 2024 Alabama law, named for Joe Faust, lets State Lands permit a home's shore owner to dredge sand to build a living shoreline. The state dredge fee is half the usual amount. Alabama Code 9-7-13.1
The federal permit for living shorelines, Nationwide Permit 54, needs fringe marsh or an oyster reef. Every new project also needs notice to the Corps first. Corps Nationwide Permit 54
Local examples exist. Dauphin Island finished about 2,000 feet of living shoreline at Aloe Bay in April 2025. Town of Dauphin Island project page The living shoreline guide has more.
What proof does the HOA need for state permits?
State Lands wants papers that show control of the shore land behind the wall, such as a deed or HOA documents. ADCNR State Lands rule
Alabama permit applications are often rejected for a missing project narrative, or for drawings that do not show the mean high tide line. MSU Extension permit guide
Ask your engineer to check both before anything is filed. The permit guide lists each office.
How should an HOA run bulkhead replacement bids?
- Get an engineer's scope so every bidder prices the same job.
- Invite at least two licensed contractors.
- Look for a license number on every bid. Alabama requires it. Do not consider a bid from an unlicensed general contractor, which is a misdemeanor for owners. Alabama Code 34-8-6
- Check lien rules before the final payment. A main contractor loses lien rights unless a statement is filed within six months of the last work. Others have 30 days or four months. Alabama Code 35-11-215
Show sourcesHide sources
- Code of Alabama 1975 Sec. 35-20-13, RecordsSource 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
- Aloe Bay Living ShorelineSource reviewed 2026-11-04
- ADCNR Admin. Code r. 220-4-.09 Placement and Configuration of Piers and Other Improvements on State Owned Submerged LandsSource reviewed 2026-10-31
- Living Shorelines: A Permitting Guide for Alabama Homeowners (Publication 3120)Source reviewed 2026-10-31
- Code of Alabama 1975 Sec. 34-8-6, Prohibited Acts; PenaltiesSource reviewed 2026-10-31
- Code of Alabama 1975 Sec. 35-11-215, Verified Statement - Time for Filing; Sec. 35-11-221Source reviewed 2026-10-31
Discuss an association project
Write down the shoreline affected and the decision you face. Bring these notes to the professional when you discuss scope.