HB426 Alabama 2018 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2018

Title

Property, Uniform Condo Act, rights to developers and owners, specified, procedures for creation and management, Title 35, Chapter 8A, am'd.

Summary

HB 426 would revise Alabama's Uniform Condominium Act to clarify and expand the rights of developers and unit owners in condominium associations, including creation, management, development rights, and termination.

What This Bill Does

It updates the Uniform Condominium Act to add detailed definitions and rules for creating and running condominiums, including how development rights and special declarant rights are defined and used. It explains how new real estate can be added, units created, and common elements allocated, and how allocations must be adjusted when development rights are exercised. It strengthens the transition from declarant control to unit-owner control with specific board election timing and majority requirements. It also expands consumer protections through required offering statements, disclosures, insurance standards, budgeting and assessment processes, and termination procedures for condominiums.

Who It Affects

• Developers/Declarants: gain clearer and expanded rights under the act, including development rights, special declarant rights, and control provisions during declarant control periods.
• Unit Owners and Condominium Associations: gain stronger governance protections, clearer disclosure and insurance requirements, budgeting and assessment rules, rights during conversion or termination, and participation in board elections after declarant control ends.

Key Provisions

• Adds and clarifies definitions for Affiliate of a Declarant; Allocated Interests; Development Rights; Special Declarant Rights; and Master Association.
• Amends creation and allocation provisions to govern how condominiums are formed, how units and common elements are allocated, and how development rights affect allocation and taxation.
• Details how development rights may be exercised, added to the condominium, subdivided, or withdrawn, and how allocations are reallocated accordingly.
• Strengthens the transition from declarant control to unit-owner control, including thresholds and timelines for non-declarant board member elections.
• Enhances offering statements, disclosures, and resale certificates, and clarifies remedies if required documents are not provided.
• Updates termination rules for condominiums, including the 80 percent vote requirement and how proceeds, occupancy, and title are handled after termination.
• Modifies insurance requirements, budgeting, common expenses, liens, and financial records to protect unit owners and ensure proper management.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property, Real and Personal