Section 35-8A-101 – Short Title.

Section 35-8A-101 Short title. This chapter shall be known and may be cited as the “Alabama Uniform Condominium Act of 1991.” (Acts 1990, No. 90-551, p. 858, §1-101.)

Section 35-8A-102 – Applicability.

Section 35-8A-102 Applicability. (a) This chapter applies to all condominiums created within this state after January 1, 1991. Sections 35-8A-104 (Variation by agreement), 35-8A-105 (Separate titles and taxation), 35-8A-106 (Applicability of local ordinances, regulations, and building codes), 35-8A-107 (Eminent domain), 35-8A-203 (Construction and validity of declaration and bylaws), 35-8A-204 (Description of units), 35-8A-302(a)(1) through (a)(6) […]

Section 35-8A-103 – Definitions.

Section 35-8A-103 Definitions. In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this chapter, the following terms are defined as set forth below: (1) AFFILIATE OF A DECLARANT. Any person who controls, is controlled by, or is under common control with a declarant. A person “controls” a declarant […]

Section 35-8A-104 – Variation by Agreement.

Section 35-8A-104 Variation by agreement. Except as expressly provided in this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this […]

Section 35-8A-105 – Separate Titles and Taxation.

Section 35-8A-105 Separate titles and taxation. (a) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate. (b) If there is any unit owner other than a declarant, each unit must […]

Section 35-8A-106 – Applicability of Local Ordinances, Regulations, and Building Codes.

Section 35-8A-106 Applicability of local ordinances, regulations, and building codes. (a) A building code may not impose any requirements upon any structure in a condominium which it would not impose upon a physically identical structure under a different form of ownership. (b) No zoning, subdivision, or other real estate use law, ordinance, or regulation may […]

Section 35-8A-107 – Eminent Domain.

Section 35-8A-107 Eminent domain. (a) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for the […]

Section 35-8A-108 – Supplemental General Principles of Law Applicable.

Section 35-8A-108 Supplemental general principles of law applicable. The principles of law and equity, including the law of corporations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions […]

Section 35-8A-109 – Construction Against Implicit Repeal.

Section 35-8A-109 Construction against implicit repeal. This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. (Acts 1990, No. 90-551, p. 858, §1-109).

Section 35-8A-110 – Chapter to Be Liberally Construed; Remedies Liberally Administered.

Section 35-8A-110 Chapter to be liberally construed; remedies liberally administered. (a) Notwithstanding a finding that this chapter is in derogation of the common law, it should be liberally construed to effectuate its purpose of encouraging development and construction of condominium property under the provisions of this chapter. The remedies provided by this chapter shall be […]