Code of Alabama - Title 35: Property - Chapter 8 - Condominium Ownership
- Section 35-8-1 Short title
This chapter shall be known as the "Condominium Ownership Act."
- Section 35-8-2 Definitions
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) ASSOCIATION. The entity responsible...
- Section 35-8-3 Applicability of chapter
This chapter shall be applicable only to property, the sole owner or all of the owners of which execute and record a declaration as provided...
- Section 35-8-4 Units to constitute real property
Each unit shall be deemed real property, the ownership of which may be in fee simple or any other estate in real property recognized by...
- Section 35-8-5 Unit ownership, possession, and enjoyment
Any unit may be held and owned by one or more persons in any form of ownership, real estate tenancy, or relationship recognized under the...
- Section 35-8-6 Common and limited common elements
(a) The undivided interest in the common elements and limited common elements or the method for determining such interests shall be set forth in the...
- Section 35-8-7 Establishment of condominium property; contents of declaration
Condominium property shall be established by recording a properly executed declaration as set forth in Section 35-8-11. A declaration shall be executed with the formalities...
- Section 35-8-8 Unit deeds and other instruments
(a) Prior to the conveyance of any unit, plans or other graphic description, certified by a licensed or registered engineer or architect, in sufficient detail...
- Section 35-8-9 Duties and responsibilities of association for administration and management of property
The association provided for by the declaration shall be responsible for the administration and management of the condominium property in accordance with this chapter, the...
- Section 35-8-10 Bylaws of association
The bylaws govern the administration and management of the condominium property by the association. In addition to such other provisions as may be desired, not...
- Section 35-8-11 Recordation of documents and instruments
The declaration and any amendments thereto, the bylaws and any amendments thereto, and all deeds, mortgages, liens, and other such documents and instruments relating to...
- Section 35-8-12 Liability, actions, and service of process
(a) Neither the association nor any unit owner shall be liable for the individual acts or omissions of any other unit owner. (b) All actions...
- Section 35-8-13 Common expenses and limited common expenses
The common expenses and limited common expenses shall be charged to unit owners in such amount that the charge corresponds approximately to their respective undivided...
- Section 35-8-14 Prohibited work
There shall be no material alteration of or substantial addition to the common elements or limited common elements except as authorized by the declaration. No...
- Section 35-8-15 Taxes, special assessments, etc
All property taxes, special assessments, and other charges imposed by any taxing authority shall be separately assessed against and collected on each unit as a...
- Section 35-8-16 Liens against condominium property generally
(a) Except as otherwise provided in Section 35-8-18, subsequent to recording the declaration as provided in this chapter and while the property remains subject to...
- Section 35-8-17 Liens in favor of association
The association shall have a lien on each unit for any unpaid assessment duly made by the association for a share of common expenses, limited...
- Section 35-8-18 Blanket mortgage on condominium property
Notwithstanding any other provision of this chapter, if the declaration or bylaws so permit, the entire condominium property or some or all of the units...
- Section 35-8-19 Mortgage investments on condominium property
All persons, as defined in Section 35-8-2, including but not limited to insurance companies, banking organizations, mortgage companies and savings and loan associations, may be...
- Section 35-8-20 Termination of condominium
(a) The condominium property may be removed from the provisions of this chapter provided that all unit owners agree and all holders of record of...
- Section 35-8-21 Construction and application of building or zoning laws, ordinances, and regulations
All laws, ordinances, and regulations concerning buildings or zoning shall be construed and applied with reference to condominium property for dwelling purposes in the same...
- Section 35-8-22 Chapter to be liberally construed
Notwithstanding a finding that this chapter is in derogation of the common law, it should be liberally construed to effectuate its purpose of encouraging development...
Last modified: May 3, 2021