Alabama Uniform Condominium Act

Alabama · Property · §§ 35-8A-101 to 35-8A-417 · 67 sections

Overview

This act establishes a comprehensive statutory framework for the creation, governance, and termination of condominiums, setting out how a condominium is legally formed through a recorded declaration with plats and plans that fix unit boundaries, allocate interests in the common elements, and apportion voting rights and common expense liability. It governs the developer's role during the build-out period — reserved development rights, use of units for sales, transfer of special declarant rights, and the association's ability to terminate declarant-negotiated contracts and leases — alongside owners' rights to alter, subdivide, or relocate the boundaries of their units, and easement rights across the property. It also creates and empowers a unit owners' association with a board, officers, bylaws, and meeting and quorum requirements, and addresses amendment of the declaration, upkeep obligations, protections for secured lenders, eminent domain, master associations, and the merger, consolidation, or termination of condominiums.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 10 court decisions.

Most-cited authority: 620 F. Supp. 2d 1302 - Murray v. Holiday Isle, LLC

Sections covered

Ala. Code § 35-8A-101Short Title.2 cites
Ala. Code § 35-8A-102Applicability.
Ala. Code § 35-8A-103Definitions.
Ala. Code § 35-8A-104Variation by Agreement.
Ala. Code § 35-8A-105Separate Titles and Taxation.
Ala. Code § 35-8A-106Applicability of Local Ordinances, Regulations, and Building Codes.
Ala. Code § 35-8A-107Eminent Domain.
Ala. Code § 35-8A-108Supplemental General Principles of Law Applicable.
Ala. Code § 35-8A-109Construction Against Implicit Repeal.
Ala. Code § 35-8A-110Chapter to Be Liberally Construed; Remedies Liberally Administered.
Ala. Code § 35-8A-201Creation of Condominium.1 cite
Ala. Code § 35-8A-202Unit Boundaries.
Ala. Code § 35-8A-203Construction and Validity of Declaration and Bylaws.
Ala. Code § 35-8A-204Description of Units.
Ala. Code § 35-8A-205Contents of Declaration.
Ala. Code § 35-8A-206Leasehold Condominiums.
Ala. Code § 35-8A-207Allocation of Common Element Interests, Votes, and Common Expense Liabilities.1 cite
Ala. Code § 35-8A-208Limited Common Elements.1 cite
Ala. Code § 35-8A-209Plats and Plans.
Ala. Code § 35-8A-210Exercise of Development Rights.
Ala. Code § 35-8A-211Alterations of Units.
Ala. Code § 35-8A-212Relocation of Boundaries Between Adjoining Units.
Ala. Code § 35-8A-213Subdivision of Units.
Ala. Code § 35-8A-214Monuments as Boundaries.
Ala. Code § 35-8A-215Use for Sales Purposes.
Ala. Code § 35-8A-216Easement Rights.
Ala. Code § 35-8A-217Amendment of Declaration.
Ala. Code § 35-8A-218Termination of Condominium.
Ala. Code § 35-8A-219Rights of Secured Lenders.
Ala. Code § 35-8A-220Master Associations.
Ala. Code § 35-8A-221Merger or Consolidation of Condominiums.
Ala. Code § 35-8A-301Organization of Unit Owners’ Association.1 cite
Ala. Code § 35-8A-302Powers of Unit Owners’ Association.
Ala. Code § 35-8A-303Board Members and Officers.2 cites
Ala. Code § 35-8A-304Transfer of Special Declarant Rights.
Ala. Code § 35-8A-305Termination of Contracts and Leases of Declarant.
Ala. Code § 35-8A-306Bylaws.
Ala. Code § 35-8A-307Upkeep of Condominiums.
Ala. Code § 35-8A-308Meetings.
Ala. Code § 35-8A-309Quorums.
Ala. Code § 35-8A-310Voting; Proxies.
Ala. Code § 35-8A-311Tort and Contract Liability.
Ala. Code § 35-8A-312Conveyance or Encumbrance of Common Elements.
Ala. Code § 35-8A-313Insurance.
Ala. Code § 35-8A-314Surplus Funds.
Ala. Code § 35-8A-315Assessments for Common Expenses.
Ala. Code § 35-8A-316Lien for Assessments.
Ala. Code § 35-8A-317Other Liens Affecting the Condominium.
Ala. Code § 35-8A-318Association Records.
Ala. Code § 35-8A-319Association as Trustee.
Ala. Code § 35-8A-401Applicability; Waiver.
Ala. Code § 35-8A-402Liability for Offering Statement Requirements.
Ala. Code § 35-8A-403Offering Statement - General Provisions.
Ala. Code § 35-8A-404Offering Statement - Condominiums Subject to Development Rights.
Ala. Code § 35-8A-405Offering Statement - Time Shares.
Ala. Code § 35-8A-406Offering Statement - Condominiums Containing Conversion Buildings.
Ala. Code § 35-8A-407Offering Statement - Condominium Securities.
Ala. Code § 35-8A-408Purchaser’s Right to Cancel.
Ala. Code § 35-8A-409Resales of Units.
Ala. Code § 35-8A-410Escrow of Deposits.1 cite
Ala. Code § 35-8A-411Release of Liens.
Ala. Code § 35-8A-412Conversion Buildings.
Ala. Code § 35-8A-413Express Warranties.1 cite
Ala. Code § 35-8A-414Effect of Violations on Rights of Action; Attorney’s Fees.
Ala. Code § 35-8A-415Labeling of Promotional Material.
Ala. Code § 35-8A-416Declarant’s Obligation to Complete and Restore.
Ala. Code § 35-8A-417Substantial Completion of Units.

Enacted in other states

Pennsylvania, Texas

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