Which Alabama condominiums are covered by the Uniform Condominium Act?

The Alabama Uniform Condominium Act (Ala. Code §§ 35-8A-101 et seq.) applies automatically to all condominiums created on or after January 1, 1991 - the Act's effective date. Condominiums created before that date (pre-1991 'old-act' condominiums) may elect to come under the Act by amending their condominium instruments with the required owner vote. If a pre-1991 condominium has not elected coverage, it continues to be governed by the prior Alabama Condominium Act (Ala. Code §§ 35-8-1 et seq.) and its recorded instruments.

What is a 'unit' under the Alabama Uniform Condominium Act?

Under Ala. Code § 35-8A-103(30), a 'unit' means a physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described in the declaration. In a residential condominium this is typically a dwelling space - an apartment or townhome - but the term can also cover commercial, parking, or storage units. The distinction between the unit (separately owned) and the common elements (jointly owned by all unit owners) is the foundational concept of the Act.

What are 'common elements' under the Alabama Act?

Under Ala. Code § 35-8A-103(4), 'common elements' means all portions of a condominium other than the units - typically the building structure, grounds, hallways, elevators, parking areas, and amenities. Each unit owner holds an undivided ownership interest in the common elements as a tenant-in-common, appurtenant to the unit. The association manages and maintains the common elements on behalf of all owners. The percentage interest each owner holds is specified in the declaration and cannot be changed without a unanimous or near-unanimous owner vote.

What is the 'declarant' and why does it matter?

The 'declarant' under Ala. Code § 35-8A-103(7) is any person who offers to sell units and in whose name the declaration is recorded. In practice this is the developer. The declarant typically controls the association during the development and sales period by having the right to appoint the board. The Act limits declarant control and prescribes the transition of control to unit owners once specified thresholds are met (typically when 75 percent of the units that may be created have been conveyed). Understanding whether a community is still in the declarant-control period is critical for boards evaluating governance documents and development decisions.

Does the Alabama Act apply to mixed-use condominiums with commercial units?

Yes. The Alabama Uniform Condominium Act applies to condominiums regardless of whether the units are residential, commercial, or mixed. However, Ala. Code § 35-8A-102(b) allows the declaration to modify certain provisions for condominiums that are not primarily residential. Boards of mixed-use condominiums should review their declaration carefully to determine which statutory defaults have been modified and how the Act's governance and allocation provisions apply to the specific mix of uses in their community.

Alabama statute reference · Ala. Code § 35-8A-101

§ 35-8A-101 - Alabama Uniform Condominium Act: Definitions and Scope

Article 1 of the Alabama Uniform Condominium Act (Ala. Code §§ 35-8A-101 et seq.) establishes the foundational definitions and scope of coverage that govern every condominium created on or after January 1, 1991. Understanding which condominiums are covered and what the Act's key terms mean is the starting point for any Alabama condo board or management company.

Statute text reproduced from the Code of Alabama; editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Alabama counsel.

What boards need to know

The Alabama Uniform Condominium Act governs condominiums created on or after January 1, 1991. If your condominium was created before that date and has not elected to come under the new Act, you're still operating under the prior Alabama Condominium Act (Ala. Code §§ 35-8-1 et seq.) and your recorded instruments. Boards of pre-1991 condominiums should confirm which Act applies before designing compliance procedures.

The Act's definitions - unit, common element, declarant, association, and the rest - are not just statutory terms. They define the property rights and governance relationships that every board action depends on. The distinction between unit (separately owned) and common elements (jointly owned) determines who maintains and insures what, who can vote on which decisions, and how assessment obligations are allocated.

The Alabama Act tracks the national Uniform Condominium Act model closely, which means boards and managers familiar with other Uniform Act states (Connecticut, Virginia, Washington, among others) will recognize most of the structure. The key state-specific variations in Alabama are primarily in the recording-and-creation requirements and in the enforcement and foreclosure procedures for assessment liens.

Key definitions

Unit

Ala. Code § 35-8A-103(30)

A physical portion of the condominium designated for separate ownership or occupancy. The unit boundaries are described in the declaration.

Common elements

Ala. Code § 35-8A-103(4)

All portions of the condominium other than the units - building structure, grounds, hallways, elevators, and amenities jointly owned by all unit owners.

Limited common elements

Ala. Code § 35-8A-103(19)

Common elements allocated for the exclusive use of one or more but fewer than all of the units - typically parking spaces, storage lockers, or balconies.

Association

Ala. Code § 35-8A-103(1)

The unit owners' association organized under the condominium instruments. The association holds the power to manage and maintain the common elements and enforce the governing documents.

Declarant

Ala. Code § 35-8A-103(7)

Any person who offers to sell units and in whose name the declaration is recorded - typically the developer. Declarant controls the board during the development and sales period.

Declaration

Ala. Code § 35-8A-103(8)

Any instrument, however denominated, that creates a condominium under the Act, and any amendments. The declaration is the primary governing document.

Scope: which condominiums are covered

Post-1990Condominiums created on or after January 1, 1991 are automatically governed by the Uniform Condominium Act.
Pre-1991Condominiums created before January 1, 1991 may elect to come under the Uniform Act by amending the condominium instruments with the required owner vote. Without that election, the prior Act applies.
Mixed-useThe Act applies to all condominiums regardless of use (residential, commercial, or mixed), with some modifications available for non-primarily-residential condominiums under § 35-8A-102(b).

Related resources

Alabama HOA Act general provisions

The opt-in Alabama Homeowners Association Act framework for planned communities.

Unit-owner rights and association powers

Ala. Code § 35-8A-314 - what the association can and cannot do.

Alabama associations directory

Browse registered Alabama HOAs and condo associations.

Florida condo law (comparison)

How Florida's Chapter 718 compares to Alabama's Uniform Act.

Common questions about § 35-8A-101

Which Alabama condominiums are covered by the Uniform Condominium Act?: The Alabama Uniform Condominium Act (Ala. Code §§ 35-8A-101 et seq.) applies automatically to all condominiums created on or after January 1, 1991 - the Act's effective date. Condominiums created before that date (pre-1991 'old-act' condominiums) may elect to come under the Act by amending their condominium instruments with the required owner vote. If a pre-1991 condominium has not elected coverage, it continues to be governed by the prior Alabama Condominium Act (Ala. Code §§ 35-8-1 et seq.) and its recorded instruments.
What is a 'unit' under the Alabama Uniform Condominium Act?: Under Ala. Code § 35-8A-103(30), a 'unit' means a physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described in the declaration. In a residential condominium this is typically a dwelling space - an apartment or townhome - but the term can also cover commercial, parking, or storage units. The distinction between the unit (separately owned) and the common elements (jointly owned by all unit owners) is the foundational concept of the Act.
What are 'common elements' under the Alabama Act?: Under Ala. Code § 35-8A-103(4), 'common elements' means all portions of a condominium other than the units - typically the building structure, grounds, hallways, elevators, parking areas, and amenities. Each unit owner holds an undivided ownership interest in the common elements as a tenant-in-common, appurtenant to the unit. The association manages and maintains the common elements on behalf of all owners. The percentage interest each owner holds is specified in the declaration and cannot be changed without a unanimous or near-unanimous owner vote.
What is the 'declarant' and why does it matter?: The 'declarant' under Ala. Code § 35-8A-103(7) is any person who offers to sell units and in whose name the declaration is recorded. In practice this is the developer. The declarant typically controls the association during the development and sales period by having the right to appoint the board. The Act limits declarant control and prescribes the transition of control to unit owners once specified thresholds are met (typically when 75 percent of the units that may be created have been conveyed). Understanding whether a community is still in the declarant-control period is critical for boards evaluating governance documents and development decisions.
Does the Alabama Act apply to mixed-use condominiums with commercial units?: Yes. The Alabama Uniform Condominium Act applies to condominiums regardless of whether the units are residential, commercial, or mixed. However, Ala. Code § 35-8A-102(b) allows the declaration to modify certain provisions for condominiums that are not primarily residential. Boards of mixed-use condominiums should review their declaration carefully to determine which statutory defaults have been modified and how the Act's governance and allocation provisions apply to the specific mix of uses in their community.

Official source

Full text of the Alabama Uniform Condominium Act is available at alison.legislature.state.al.us - the Alabama Legislature's official code viewer.

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This is not legal advice. Consult Alabama community-association counsel for your specific situation.