Condominium Ownership Act (Ala. Code §§ 35-8-1 to 35-8-22) — Plain-English Summary

Condominium Ownership Act

• §35-8-1
  Short title

  Names this chapter the Condominium Ownership Act. It governs Alabama condominiums created before January 1, 1991, and a four-or-fewer-unit condo whose declar…
• §35-8-10
  Bylaws of association

  The bylaws must provide for the association's administration, including meetings, the board, assessments, insurance, and the other matters this section lists…
• §35-8-11
  Recordation of documents and instruments

  The declaration, bylaws, and amendments must be recorded in the county where the property sits to be effective as this section provides.
• §35-8-12
  Liability, actions, and service of process

  Actions relating to the common elements are brought by or against the association. Service of process and the unit owners' share of association liabilities f…
• §35-8-13
  Common expenses and limited common expenses

  Common expenses are charged to the unit owners in the percentages the declaration allocates. Limited common expenses may be charged only to the units that be…
• §35-8-14
  Prohibited work

  A unit owner may not do work that jeopardizes the structural integrity of the building or the safety of the occupants, or that impairs easements or common el…
• §35-8-15
  Taxes, special assessments, etc.

  Taxes and special assessments are assessed against each unit separately, not against the condominium as a whole, as this section provides.
• §35-8-16
  Liens against condominium property generally

  After the declaration is recorded, a lien arising from work on the common elements attaches as this section provides, not as a blanket lien that wipes out un…
• §35-8-17
  Liens in favor of association

  The association has a lien on a unit for unpaid common expenses. Chapter 8A's assessment-lien section (§35-8A-316) also reaches pre-1991 condos, including th…
• §35-8-18
  Blanket mortgage on condominium property

  A blanket mortgage covering the condominium property must be released as to a unit on the terms this section and the mortgage provide before that unit can be…
• §35-8-19
  Mortgage investments on condominium property

  Fiduciaries and regulated lenders may invest in mortgages on condominium units on the same basis as mortgages on other real property, as this section provides.
• §35-8-2
  Definitions

  Defines the words this older chapter uses: unit, private elements, common elements, limited common elements, association, and declaration. Chapter 8A's defin…
• §35-8-20
  Termination of condominium

  A condominium under this chapter may be terminated only as this section and the declaration provide. After termination the owners hold the property as tenant…
• §35-8-21
  Construction and application of building or zoning laws, ordinances, and regulations

  A local building or zoning law may not prohibit the condominium form of ownership or treat a condominium differently from a physically identical building und…
• §35-8-22
  Chapter to be liberally construed

  This chapter is to be liberally construed to carry out its purpose of enabling condominium ownership. For events after January 1, 1991, the listed Chapter 8A…
• §35-8-3
  Applicability of chapter

  This chapter applies to property submitted to it as this section provides. After January 1, 1991, new condominiums use Chapter 8A unless a four-or-fewer-unit…
• §35-8-4
  Units to constitute real property

  Each unit constitutes real property for all purposes and may be owned, conveyed, mortgaged, and devised independently of the other units.
• §35-8-5
  Unit ownership, possession, and enjoyment

  A unit owner has exclusive ownership of the unit and an undivided interest in the common elements appurtenant to it, as the declaration allocates.
• §35-8-6
  Common and limited common elements

  Common elements are owned in common by the unit owners. Limited common elements are assigned to fewer than all units as the declaration provides. Interests i…
• §35-8-7
  Establishment of condominium property; contents of declaration

  A condominium is established by recording a declaration that contains the name, description, unit designations, common-element allocations, and the other par…
• §35-8-8
  Unit deeds and other instruments

  Before any unit is conveyed, certified plans identifying the unit and a copy of the bylaws (and amendments) must be recorded with the declaration. A unit dee…
• §35-8-9
  Duties and responsibilities of association for administration and management of property

  The association administers and manages the condominium property, maintains the common elements, and levies common expenses as this chapter and the declarati…