Alabama Act Governing a 1976 Condo Association

Hi Mary,

The “Alabama Condo Association Act” may be referring to either the Alabama Condominium Act or the Alabama Uniform Condominium Act of 1991. The Alabama Condominium Act is applicable to condominium associations created before January 1, 1991. Meanwhile, the Alabama Uniform Condominium Act of 1991 is applicable to condos created after January 1, 1991.

However, according to the Alabama Uniform Condominium Act of 1991 Section 35-8A-102:

• Certain provisions of the Alabama Uniform Condominium Act of 1991 are applicable to all condominiums but those sections apply only with respect to events and circumstances occurring after January 1, 1991, and do not invalidate existing provisions of the governing documents
• The Alabama Condominium Act may still apply to condos made after January 1, 1991 if the declaration so provides in the case of a condominium containing four or fewer units and they do not invalidate any amendments to the governing documents made before January 1, 1991
• If a condo has four or fewer units and is not subject to any development rights, the condo may be made pursuant to this chapter or pursuant to the Alabama Condominium Act, inclusive, and the declaration shall declare the chapter that shall govern the condominium

For further guidance, kindly consult a lawyer.