Location: Alabama — Condo Hoa (10 Units) Requires 100% Owner Approval For Assessments; Building Has Active Roof Leaks And Major Disrepair. Legal Options?

Location: Alabama - I’m a condo owner in Alabama in a historic building governed by a 10-unit HOA. The HOA bylaws were drafted in the late 1990s and require 100% owner approval for any special assessment. Costs are allocated based on ownership percentage.

I own a top-floor unit and currently have active water intrusion through the ceiling, originating from the roof/exterior common elements. Under the governing documents, this is clearly an HOA responsibility, not an individual unit owner repair.

The broader issue is that the entire building needs significant structural and exterior repairs, not just localized fixes. However, due to the unanimous-consent requirement, the HOA is effectively unable to act.

Additional context:

• I have a tenant in the unit who is complaining about habitability
• I cannot independently repair the roof/exterior
• The HOA has not taken meaningful action
• I want to avoid hiring an attorney and being the only owner paying legal fees
• Continued inaction risks loss of rental income and further property damage

My legal questions:

1. Under Alabama law, is a 100% approval requirement for assessments enforceable when the HOA must maintain common elements?
2. What legal remedies exist when an HOA is paralyzed and fails to perform mandatory maintenance?
3. Would reporting the building to the city or county code enforcement expose me to personal liability or risk the entire building being condemned?
4. If condemnation were to occur, how does liability typically fall among owners vs. the HOA?
5. Are there any non-litigation mechanisms in Alabama to compel HOA action or override unanimous-consent provisions in emergency situations?

I’m not looking to create conflict, but I’m in a situation where inaction is financially and legally damaging, and I’m trying to understand the least-risky path forward.

Any insight into Alabama HOA law or similar experiences would be appreciated.