Code of Alabama - Title 35: Property - Chapter 8A - Alabama Uniform Condominium Act

• Article 1 General Provisions.
• Section 35-8A-101 Short title
  This chapter shall be known and may be cited as the "Alabama Uniform Condominium Act of 1991."
• Section 35-8A-102 Applicability
  (a) This chapter applies to all condominiums created within this state after January 1, 1991. Sections 35-8A-104 (Variation by agreement), 35-8A-105 (Separate titles and taxation),...
• Section 35-8A-103 Definitions
  In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this chapter, the following terms are defined as set...
• Section 35-8A-104 Variation by agreement
  Except as expressly provided in this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not...
• Section 35-8A-105 Separate titles and taxation
  (a) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements,...
• Section 35-8A-106 Applicability of local ordinances, regulations, and building codes
  (a) A building code may not impose any requirements upon any structure in a condominium which it would not impose upon a physically identical structure...
• Section 35-8A-107 Eminent domain
  (a) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with...
• Section 35-8A-108 Supplemental general principles of law applicable
  The principles of law and equity, including the law of corporations, the law of real property and the law relative to capacity to contract, principal...
• Section 35-8A-109 Construction against implicit repeal
  This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly...
• Section 35-8A-110 Chapter to be liberally construed; remedies liberally administered
  (a) Notwithstanding a finding that this chapter is in derogation of the common law, it should be liberally construed to effectuate its purpose of encouraging...
• Article 2 Creation, Alteration, and Termination of Condominiums.
• Section 35-8A-201 Creation of condominium
  (a) A condominium may be created pursuant to this chapter only by filing a declaration executed in the same manner as a deed with the...
• Section 35-8A-202 Unit boundaries
  Except as provided by the declaration: (1) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster,...
• Section 35-8A-203 Construction and validity of declaration and bylaws
  (a) All provisions of the declaration and bylaws are severable. (b) The rule against perpetuities may not be applied to defeat any provision of the...
• Section 35-8A-204 Description of units
  A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county in which the condominium...
• Section 35-8A-205 Contents of declaration
  (a) The declaration for a condominium must contain: (1) The name of the condominium, which must include the word "condominium" or be followed by the...
• Section 35-8A-206 Leasehold condominiums
  (a) Any lease the expiration or termination of which may terminate the condominium or reduce its size shall be recorded. Every lessor of those leases...
• Section 35-8A-207 Allocation of common element interests, votes, and common expense liabilities
  (a) The declaration must allocate to each unit in a condominium a fraction or percentage of undivided interests in the common elements and in the...
• Section 35-8A-208 Limited common elements
  (a) Except for the limited common elements described in Section 35-8A-202(2) and (4), the declaration must specify to which unit or units each limited common...
• Section 35-8A-209 Plats and plans
  (a) A clear and legible plat of the condominium property and plans, if required under subsection (d), shall be recorded in the office of the...
• Section 35-8A-210 Exercise of development rights
  (a) To exercise any development right reserved under Section 35-8A-205(a)(8), the declarant shall prepare, execute, and record an amendment to the declaration as specified in...
• Section 35-8A-211 Alterations of units
  Subject to the provisions of the declaration and other provisions of law, a unit owner: (1) May make any improvements or alterations to his or...
• Section 35-8A-212 Relocation of boundaries between adjoining units
  (a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to...
• Section 35-8A-213 Subdivision of units
  (a) If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and...
• Section 35-8A-214 Monuments as boundaries
  The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the original plats and plans thereof...
• Section 35-8A-215 Use for sales purposes
  A declarant may maintain sales offices, management offices, and models in units or on common elements in the condominium only if the declaration so provides...
• Section 35-8A-216 Easement rights
  Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of...
• Section 35-8A-217 Amendment of declaration
  (a) Except in cases of amendments that may be executed by a declarant under section 35-8A-209(f) or 35-8A-210; the association under section 35-8A-107, 35-8A-206(d), 35-8A-208(c),...
• Section 35-8A-218 Termination of condominium
  (a) Except in the case of a taking of all the units by eminent domain specified in Section 35-8A-107, a condominium may be terminated only...
• Section 35-8A-219 Rights of secured lenders
  The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve...
• Section 35-8A-220 Master associations
  (a) If the declaration for a condominium provides that any of the powers described in Section 35-8A-302 are to be exercised by or may be...
• Section 35-8A-221 Merger or consolidation of condominiums
  (a) Any two or more condominiums, by agreement of the unit owners as provided in subsection (b), may be merged or consolidated into a single...
• Article 3 Management of Condominiums.
• Section 35-8A-301 Organization of unit owners' association
  A unit owners' association must be organized no later than the date the first unit in the condominium is conveyed. The membership of the association...
• Section 35-8A-302 Powers of unit owners' association
  (a) Except as provided in subsection (b), and subject to the provisions of the declaration, the association may: (1) Adopt and amend bylaws and rules...
• Section 35-8A-303 Board members and officers
  (a) Except as provided in the declaration, the bylaws, the articles of incorporation in subsection (b), or other provisions of this chapter, the board may...
• Section 35-8A-304 Transfer of special declarant rights
  (a) No special declarant right specified in Section 35-8A-103(24) created or reserved under this chapter may be transferred except by an instrument evidencing the transfer...
• Section 35-8A-305 Termination of contracts and leases of declarant
  If entered into before the board elected by the unit owners pursuant to Section 35-8A-303(f) takes office: (i) any management contract, employment contract, or lease...
• Section 35-8A-306 Bylaws
  (a) The bylaws of the association must provide for: (1) The number of members of the board and the titles of the officers of the...
• Section 35-8A-307 Upkeep of condominiums
  (a) Except to the extent provided by the declaration, subsection (b), or Section 35-8A-313(h), the association is responsible for maintenance, repair, and replacement of the...
• Section 35-8A-308 Meetings
  A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a...
• Section 35-8A-309 Quorums
  (a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast 20 percent of the...
• Section 35-8A-310 Voting; proxies
  (a) If only one of the multiple owners of a unit is present at a meeting of the association, he or she is entitled to...
• Section 35-8A-311 Tort and contract liability
  Neither the association, any association mortgagee, nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of...
• Section 35-8A-312 Conveyance or encumbrance of common elements
  (a) In a condominium portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to...
• Section 35-8A-313 Insurance
  (a) Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain,...
• Section 35-8A-314 Surplus funds
  Unless otherwise provided in the declaration or bylaws, any surplus funds of the association remaining after payment of or provision for common expenses and any...
• Section 35-8A-315 Assessments for common expenses
  (a) Until the association makes a common expense assessment, the declarant must pay all common expenses. After any assessment has been made by the association,...
• Section 35-8A-316 Lien for assessments
  (a) The association has a lien on a unit for any assessment and any other moneys due the association for special assessments or services or...
• Section 35-8A-317 Other liens affecting the condominium
  (a) Except as provided in subsection (b), a judgment for money against the association if recorded is not a lien on the common elements, but...
• Section 35-8A-318 Association records
  The association shall keep financial records sufficiently detailed to enable the association to comply with Section 35-8A-409. All financial and other records shall be made...
• Section 35-8A-319 Association as trustee
  With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper...
• Article 4 Protection of Condominium Purchasers.
• Section 35-8A-401 Applicability; waiver
  (a) This article applies to all units subject to this chapter, except as provided in subsection (b) or as modified or waived in writing by...
• Section 35-8A-402 Liability for offering statement requirements
  (a) Except as provided in subsection (b), a declarant, prior to the offering of any interest in a unit to the public, shall prepare an...
• Section 35-8A-403 Offering statement - General provisions
  (a) Except as provided in subsection (b), an offering statement must contain or fully and accurately disclose the following information with regard to the condominium,...
• Section 35-8A-404 Offering statement - Condominiums subject to development rights
  If the declaration provides that a condominium is subject to any development rights, the offering statement must disclose, in addition to the information required by...
• Section 35-8A-405 Offering statement - Time shares
  If the declaration provides that ownership or occupancy of any units is or may be in time shares, the offering statement shall disclose, in addition...
• Section 35-8A-406 Offering statement - Condominiums containing conversion buildings
  The offering statement of a condominium containing any conversion building containing units that may be occupied for residential use must contain, in addition to the...
• Section 35-8A-407 Offering statement - Condominium securities
  If an interest in a condominium is currently registered with the Securities and Exchange Commission of the United States or registered pursuant to the Interstate...
• Section 35-8A-408 Purchaser's right to cancel
  (a) A person required to deliver the required documents or report pursuant to Section 35-8A-402(c) or 35-8A-407 shall provide a purchaser of a unit with...
• Section 35-8A-409 Resales of units
  (a) Except in the case of a sale where delivery of an offering statement is required, or unless exempt under Section 35-8A-401(b), a unit owner...
• Section 35-8A-410 Escrow of deposits
  (a) As used in this section, except as otherwise provided, the following terms shall have the following meanings: (1) HARD COSTS. Any and all costs...
• Section 35-8A-411 Release of liens
  (a) In the case of a sale of a unit where delivery of an offering statement is required pursuant to Section 35-8A-402(c) or a disclosure...
• Section 35-8A-412 Conversion buildings
  (a) A declarant of a condominium containing conversion buildings, and any person in the business of selling real estate for his or her own account...
• Section 35-8A-413 Express warranties
  (a) Express warranties made by the declarant, an affiliate of the declarant, or any person in the business of selling real estate for his or...
• Section 35-8A-414 Effect of violations on rights of action; attorney's fees
  If a declarant or any other person subject to this chapter fails to comply with any provision hereof or any provision of the declaration or...
• Section 35-8A-415 Labeling of promotional material
  No promotional material may be displayed or delivered to prospective purchasers which describes or portrays an improvement that the declarant is not obligated to build...
• Section 35-8A-416 Declarant's obligation to complete and restore
  (a) Except for improvements labeled, "NEED NOT BE BUILT" the declarant shall complete all improvements depicted on any site plan or graphic representation including plats...
• Section 35-8A-417 Substantial completion of units
  In the case of a sale of a unit where delivery of an offering statement is required or a disclosure is made pursuant to Section...

Last modified: May 3, 2021