Senate Bill 121 Alabama 2026 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

2026 Regular Session

Title

Condominiums; consents and waivers, arbitration and mediation

Summary

SB121 would bar using consents, waivers, and powers of attorney to alter a condominium declaration, expand the association’s role in disputes, and update disclosures, with an effective date in 2026.

What This Bill Does

It prohibits using consents, waivers, or powers of attorney to obtain unit owners’ authorization to change a condominium declaration. It allows a unit owners’ association to intervene in arbitration and mediation and lets courts grant equitable remedies such as reformation, injunction, and declaratory judgments in disputes involving the declaration. It requires fuller reporting of material changes and expands disclosure requirements in offering statements to buyers, while also including non-substantive technical updates to the code.

Who It Affects

• Unit owners in condominiums: protected from being forced to consent via power of attorney or waivers to alter the declaration; gain broader rights and access to remedies in disputes.
• Condominium associations and declarants (developers): face new limits on using consents/POAs to change declarations, gain expanded dispute-handling powers and enhanced disclosure/reporting obligations.

Key Provisions

• Prohibits 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 and authorizes equitable remedies (reformation, injunction, declaratory relief) in disputes about the declaration.
• Expands and tightens disclosure and reporting requirements for offering statements and material changes affecting the condominium (budgets, liens, development rights, warranties, financing, etc.).
• Adds nonsubstantive, technical revisions to update code language to current style.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property & Estates