Alabama adopted the Uniform Condominium Act of 1991, codified at Ala. Code Title 35 Chapter 8A (§35-8A-101 et seq.). The Act governs the creation, management, governance, and termination of condominium developments in Alabama — including declaration requirements, common element ownership, association powers, assessment liens, and unit-owner rights. It does NOT apply to traditional landlord-tenant rentals; Alabama tenant-eviction grounds are set by the Alabama Uniform Residential Landlord and Tenant Act (Ala. Code §35-9A-101 et seq., 2007). The Act applies prospectively to condominiums created on or after January 1, 1991.
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.
Disputes under the Alabama Uniform Condominium Act are resolved through civil action in Alabama Circuit Court. The Act authorizes the association to record a lien for unpaid assessments and foreclose it under §35-8A-316. Unit owners may sue for declaratory or injunctive relief for association violations, breach of fiduciary duty by directors, or violation of the public-offering-statement requirements. The Alabama Attorney General has authority to investigate developer fraud under the consumer-protection provisions. Failure to deliver a resale certificate within 10 days of request (§35-8A-409) makes the seller liable for actual damages.
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