Birmingham, AL HOA Rules: CC&R Enforcement (2026)

Ala. Code Title 35, Chapter 8A is Alabama's enactment of the Uniform Condominium Act drafted by the National Conference of Commissioners on Uniform State Laws (ULC). The chapter is organized into four articles: Article 1 (general provisions including definitions, applicability, and unconscionable agreement remedies), Article 2 (creation of a condominium through recording of the declaration, plats, and plans), Article 3 (management of the condominium by the unit-owners' association — powers, board of directors, voting, common element use, assessments, liens, and amendments), and Article 4 (protection of purchasers including the public-offering statement, resale certificates, and warranties). Pre-1991 condominiums in Alabama remain governed by the older Alabama Condominium Ownership Act (Ala. Code §35-8-1 et seq.) unless they opt in to the 1991 Act. The Act gives a condominium association a statutory lien for unpaid assessments that is generally junior to a first mortgage but senior to most other liens (§35-8A-316). Unit owners have voting rights in proportion to their allocated interest, the right to inspect association records, and a 15-day cooling-off period for new condominium sales (§35-8A-406). Note: The Alabama Uniform Condominium Act governs CONDOMINIUM developments specifically — it does not apply to traditional single-family rental properties, apartment complexes that are not condominium-form, or homeowners associations governing detached single-family homes. Those are governed separately by AURLTA (rentals) and general contract law (HOAs). Alabama is one of fewer than 20 states that has formally adopted the Uniform Condominium Act.