reglab/housing_qa huggingface dataset:
AL Code § 35-8A-206 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-206 - Leasehold Condominiums.

Section 35-8A-206Leasehold condominiums. (a) Any lease the expiration or termination of which may terminate the condominium or reduce its size shall be recorded. Every lessor of those leases must sign the declaration, and the declaration must state: (1) The recording data for the lease, the date of the lease, and the date of its recordation; (2) The date on which the lease is scheduled to expire; (3) A legally sufficient description of the real estate subject to the lease; (4) Any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights; (5) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and (6) Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights. (b) After the declaration for a leasehold condominium is recorded, neither the lessor nor his successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of his share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest in a condominium is not affected by failure of any other person to pay rent or fulfill any other covenant. (c) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired. (d) If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests must be reallocated in accordance with Section 35-8A-107(a) as though those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association. (Acts 1990, No. 90-551, p. 858, §2-106.)
AL Code § 35-8A-207 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-207 - Allocation of Common Element Interests, Votes, and Common Expense Liabilities.

Section 35-8A-207Allocation of common element interests, votes, and common expense liabilities. (a) The declaration must allocate to each unit in a condominium a fraction or percentage of undivided interests in the common elements and in the common expenses of the association specified in section 35-8A-315(a), and a portion of the votes in the association, to each unit and state the formulas used to establish allocations of interest. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant. (b) If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal. (c) The declaration may provide: (i) that different allocations of votes shall be made to the units on particular matters specified in the declaration; (ii) for cumulative voting only for the purpose of electing members of the board; and (iii) for class voting on specified issues affecting the class if necessary to protect valid interests of the class. A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter, nor may units constitute a class because they are owned by a declarant. (d) Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units must each equal one if stated as fractions or 100 percent if stated as percentages. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails. (e) In a condominium the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated, is void. (Acts 1990, No. 90-551, p. 858, §2-107.)
AL Code § 35-8A-208 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-208 - Limited Common Elements.

Section 35-8A-208Limited common elements. (a) Except for the limited common elements described in Section 35-8A-202(2) and (4), the declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without the consent of the association and the unit owners whose units are affected by the amendment. (b) Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. The association shall prepare, execute, and record the amendment which is subject to Section 35-8A-217(e), and the cost shall be borne by the unit owners executing the amendment. The amendment shall be recorded and indexed in the names of the unit owners executing the amendment, the condominium, and the association. (c) A common element not previously allocated as a limited common element may not be so allocated except pursuant to provisions in the declaration made in accordance with Section 35-8A-205(a)(7). The allocations must be made by amendments to the declaration. (Acts 1990, No. 90-551, p. 858, §2-108; Act 2018-403, §1.)
AL Code § 35-8A-210 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-210 - Exercise of Development Rights.

Section 35-8A-210Exercise of development rights. (a) To exercise any development right reserved under Section 35-8A-205(a)(8), the declarant shall prepare, execute, and record an amendment to the declaration as specified in Section 35-8A-217 and comply with Section 35-8A-209. The declarant is the unit owner of any units thereby created. The amendment to the declaration must assign an identifying number to each new unit created, and, except in the case of subdivision or conversion of units described in subdivision (2) of subsection (c), reallocate the allocated interests among all units. The amendment must describe any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by Section 35-8A-208. (b) Development rights may be reserved within any real estate added to the condominium if the amendment adding that real estate includes all matters required by Section 35-8A-205 or 35-8A-206, as the case may be, and the plats and plans include all matters required by Section 35-8A-209. This provision does not extend the time limit on the exercise of development rights imposed by the declaration pursuant to Section 35-8A-205(a)(8). (c) Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements, or both: (1) If the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain; and (2) If the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant. (d) If the declaration provides, pursuant to Section 35-8A-205(a)(8), that all or a portion of the real estate is subject to the development right of withdrawal: (1) If all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and (2) If a portion or portions are subject to withdrawal, no portion may be withdrawn after a unit in that portion has been conveyed to a purchaser. (Acts 1990, No. 90-551, p. 858, §2-110; Act 2018-403, §1.)
AL Code § 35-8A-211 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-211 - Alterations of Units.

Section 35-8A-211Alterations of units. Subject to the provisions of the declaration and other provisions of law, a unit owner: (1) May make any improvements or alterations to his or her unit that do not impair the structural integrity, or mechanical systems, or lessen the support of any portion of the condominium; (2) May not substantially or adversely change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without permission of the association; (3) After acquiring an adjoining unit, or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this subdivision is not an alteration of boundaries. (Acts 1990, No. 90-551, p. 858, §2-111; Act 2018-403, §1.)
AL Code § 35-8A-212 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-212 - Relocation of Boundaries Between Adjoining Units.

Section 35-8A-212Relocation of boundaries between adjoining units. (a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the board determines, within 30 days, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved, states the reallocations, is executed by those unit owners, contains words of conveyance between them, and upon recordation, is indexed in the name of the grantor, grantee, and shall be recorded as an amendment to the declaration. (b) The association shall prepare and record plats or plans necessary to show the altered boundaries between adjoining units, and their dimensions and identifying numbers. (c) Any costs incurred utilizing the procedures described in subsections (a) and (b) above shall be borne by the requesting unit owners. (Acts 1990, No. 90-551, p. 858, §2-112.)
AL Code § 35-8A-213 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-213 - Subdivision of Units.

Section 35-8A-213Subdivision of units. (a) If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute, and record an amendment to the declaration, including the plats and plans, subdividing that unit. (b) The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit. (c) Any costs incurred utilizing the procedures described in subsections (a) and (b) above shall be borne by the requesting unit owners. (Act 1990, No. 90-551, p. 858, §2-113.)
AL Code § 35-8A-214 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-214 - Monuments as Boundaries.

Section 35-8A-214Monuments as boundaries. The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the original plats and plans thereof become its boundaries rather than the metes and bounds expressed in the deed or plat or plan, regardless of settling or lateral movement of the building, or minor variance between boundaries shown on the plats or plans or in the deed and those of the building. This section does not relieve a unit owner of liability in case of his or her willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to the plats and plans. (Acts 1990, No. 90-551, p. 858, §2-114; Act 2018-403, §1.)
AL Code § 35-8A-215 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-215 - Use for Sales Purposes.

Section 35-8A-215Use for sales purposes. A declarant may maintain sales offices, management offices, and models in units or on common elements in the condominium only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, location, and relocation thereof. Any sales office, management office, or model not designated a unit by the declaration is a common element, and if a declarant ceases to be a unit owner, he or she ceases to have any rights with regard thereto unless it is removed promptly from the condominium in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the condominium. The provisions of this section are subject to the provisions of other state law, and to local ordinances. (Acts 1990, No. 90-551, p. 858, §2-115; Act 2018-403, §1.)
AL Code § 35-8A-216 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-216 - Easement Rights.

Section 35-8A-216Easement rights. Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration. (Acts 1990, No. 90-551, p. 858, §2-116.)
AL Code § 35-8A-217 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-217 - Amendment of Declaration.

Section 35-8A-217Amendment of declaration. (a) Except in cases of amendments that may be executed by a declarant under section 35-8A-209(f) or 35-8A-210; the association under section 35-8A-107, 35-8A-206(d), 35-8A-208(c), 35-8A-212(a), or 35-8A-213; or by certain unit owners under section 35-8A-208(b), 35-8A-212(a), 35-8A-213(b), or 35-8A-218(b), and except as limited by subsection (d), the declaration, including the plats and plans, may be amended only by the affirmative vote or agreement of unit owners of units to which at least two-thirds of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to non-residential use. (b) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded. (c) Every amendment to the declaration must be recorded in every county in which any portion of the condominium is located, and is effective only upon recordation. An amendment shall be indexed in the grantee's index in the name of the condominium and the association and in the grantor's index in the name of the parties executing the amendment. (d) Except to the extent expressly permitted or required by other provisions of this chapter, no amendment in the absence of unanimous consent of the unit owners may: Create or increase special declarant rights, create or increase the number or identity of units that may be disposed of on a time share basis, increase the number of units; change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted. (e) Amendments to the declaration required by this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association. (f) Where a specific right is given a lender, pursuant to Section 35-8A-219 no amendment affecting those rights may be made without the consent of the lender or specified number or percentage thereof as required by the declaration. (Acts 1990, No. 90-551, p. 858, §2-117.)
AL Code § 35-8A-219 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-219 - Rights of Secured Lenders.

Section 35-8A-219Rights of secured lenders. The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to (i) deny or delegate control over the general administrative affairs of the association by the unit owners or the board, or (ii) prevent the association or the board from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds except pursuant to section 35-8A-313. (Acts 1990, No. 90-551, p. 858, §2-119.)
AL Code § 35-8A-220 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-220 - Master Associations.

Section 35-8A-220Master associations. (a) If the declaration for a condominium provides that any of the powers described in Section 35-8A-302 are to be exercised by or may be delegated to a profit or nonprofit corporation which exercises those or other powers on behalf of one or more condominiums or for the benefit of the unit owners of one or more condominiums, all provisions of this chapter applicable to unit owners' associations apply to any such corporation with regard to such delegated power except as modified by this section. (b) Unless it is acting in the capacity of an association described in Section 35-8A-301, a master association may exercise the powers set forth in Section 35-8A-302(a)(2) only to the extent expressly permitted in the declarations of condominiums which are part of the master association or expressly described in the delegations of power from those condominiums to the master association. (c) If the declaration of any condominium provides that the board may delegate certain powers to a master association, the members of the board have no liability for the acts or omissions of the master association with respect to those powers following delegation. (d) The rights and responsibilities of unit owners with respect to the unit owners' association set forth in Sections 35-8A-303, 35-8A-308 through 35-8A-310, and 35-8A-312 apply in the conduct of the affairs of a master association only to those persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of this chapter. (e) Even if a master association is also an association described in Section 35-8A-301, the certificate of incorporation or other instrument creating the master association and the declaration of each condominium the powers of which are assigned by the declaration or delegated to the master association, may provide that the executive board of the master association must be elected after the period of declarant control in any of the following ways: (1) All unit owners of all condominiums subject to the master association may elect all members of that executive board. (2) All members of the executive boards of all condominiums subject to the master association may elect all members of that executive board. (3) All unit owners of each condominium subject to the master association may elect specified members of that executive board. (4) All members of the executive board of each condominium subject to the master association may elect specified members of that executive board. (Acts 1990, No. 90-551, p. 858, §2-120; Act 2018-403, §1.)
AL Code § 35-8A-221 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-221 - Merger or Consolidation of Condominiums.

Section 35-8A-221Merger or consolidation of condominiums. (a) Any two or more condominiums, by agreement of the unit owners as provided in subsection (b), may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium is, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association that holds all powers, rights, obligations, assets, and liabilities of all pre-existing associations. (b) An agreement of two or more condominiums to merge or consolidate pursuant to subsection (a) must be evidenced by an agreement prepared, executed, recorded, and certified by the president of the association of each of the pre-existing condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. The agreement must be recorded in every county in which a portion of the condominium is located and is not effective until recorded. (c) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either (i) by stating the reallocations or the formulas upon which they are based or (ii) by stating the percentage of overall allocated interests of the new condominium which are allocated to all of the units comprising each of the pre-existing condominiums, and providing that the portion of the percentages allocated to each unit formerly comprising a part of the pre-existing condominium must be equal to the percentages of allocated interests allocated to that unit by the declaration of the pre-existing condominium. (Acts 1990, No. 90-551, p. 858, §2-121.)