House Bill 260 Alabama 2026 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

2026 Regular Session

Title

Condominiums; consents and waivers, arbitration and mediation

Summary

HB260 would curb the use of unit owner consents, waivers, and powers of attorney to amend condominium declarations, expand associations’ role in dispute resolution, allow equitable remedies in such disputes, and update the condo law language.

What This Bill Does

The bill would prohibit using consents, waivers, and powers of attorney to obtain unit owners' authorization to alter a condominium declaration. It would allow a unit owners' association to intervene in arbitration and mediation, in addition to litigation. It would give courts the power to apply equitable remedies such as reformation, injunction, and declaratory judgments to disputes involving the condominium declaration. It would also make nonsubstantive technical revisions to update the code language to current style.

Who It Affects

• Unit owners: their authorization to modify a condominium declaration cannot be obtained through powers of attorney or waivers, protecting them from unilateral or proxy-driven changes.
• Condominium associations: would gain expanded rights to participate in dispute resolution (arbitration/mediation) and to seek equitable remedies in disputes over the declaration, along with updated reporting/disclosure requirements related to changes.

Key Provisions

• Prohibits the use of consents, waivers, and powers of attorney to obtain unit owners' authorization to alter a condominium declaration.
• Authorizes unit owners' associations to intervene in arbitration and mediation, in addition to litigation.
• Empowers courts to apply equitable remedies such as reformation, injunction, and declaratory judgments to disputes involving the condominium declaration.
• Requires full and accurate reporting of material changes in offering statements and related disclosures; mandates prompt amendments for material changes.
• Includes nonsubstantive, technical revisions to update the existing code language to current style.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property & Estates