Alabama guide
Alabama condo document review
Alabama condo document review is anchored by the Alabama Uniform Condominium Act of 1991 (Ala. Code §35-8A-101 et seq.) for condos created after January 1, 1991, and the older Alabama Condominium Ownership Act (§35-8) for pre-1991 condos.
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The single most useful document is the resale certificate under §35-8A-409, which a purchaser may demand on timely written request. It compels the seller and association to disclose assessments, the most recent balance sheet and income-and-expense statement, the operating budget, any unsatisfied judgments and pending suits, and a statement of insurance — and it keeps the contract voidable until that information is delivered plus five days. The certificate is a disclosure mandate, not a quality guarantee: a complete §35-8A-409 package can still reveal a stressed master policy, a thin reserve, or a coastal project blocked from financing. The value is in reading the documents together against the building's age and location.
What §35-8A-409 requires the seller to provide
On a resale, if the purchaser makes a written request within 14 days of signing, the seller must furnish — before conveyance and within 15 days of the request — the declaration, bylaws, and rules, plus a resale certificate. The certificate covers the periodic assessment amount, any unpaid common-expense or special assessments against the unit, the most recent balance sheet and income-and-expense statement, the current operating budget, unsatisfied judgments and pending suits in which the association is a party, the insurance statement, leasehold terms, and any resale or casualty-proceeds restrictions. The association must furnish the certificate to the owner within 10 days. A purchaser who receives it is not liable after closing for assessments exceeding the certified amount.
The voidable window and developer-sale cancellation
If you timely requested the certificate, the contract remains voidable until the requested information is provided and for five days thereafter, or until conveyance, whichever comes first (§35-8A-409(c)). For new developer sales requiring an offering statement, §35-8A-408 adds a separate seven-day right to cancel after you first receive the required documents, with full refund — and a 5% remedy if the developer never delivered the offering statement before conveyance. These statutory windows are condo-only; HOA buyers in Alabama have no equivalent.
Read the insurance statement against the coast
Item 7 of the certificate is a statement of the association's insurance. On the Gulf Coast this is the highest-stakes line: §35-8A-313 requires only that common elements be insured to at least 80% of actual cash value, not that wind, named-storm, or flood coverage exist. Read the master declarations page for the wind carrier (private or AIUA), the named-storm deductible, and whether flood is carried, because a deductible you do not see can become a special assessment you cannot avoid.
Minutes surface what the certificate cannot
The certificate captures levied assessments and current financials, but a planned-but-not-yet-levied special assessment, a brewing insurance non-renewal, or an unresolved structural issue often appears first in board minutes. Request the last 12–24 months of minutes, and on the coast confirm the project's Fannie Mae or Freddie Mac status, since ineligibility can block conventional financing regardless of how clean the certificate looks.
Confirm which law governs
Pre-1991 condos run under §35-8 rather than §35-8A, and HOAs run under the thin §35-20 (only if created on or after January 1, 2016) or their own declaration. The statutory disclosure and cancellation rights differ sharply, so the first review step is identifying the regime that applies to the specific property.
Alabama legal references
- Ala. Code §35-8A-409 — Resales of units (resale certificate, voidable window)
- Ala. Code §35-8A-408 — Purchaser's right to cancel (developer sales)
- Ala. Code §35-8A-313 — Insurance (80% ACV common-element floor)
- Ala. Code §35-8A-318 — Association records available to members
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these Alabama statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Alabama specialist →Reviewer's checklist
- Confirm the property is a condominium and which act applies (§35-8A post-1991 or §35-8 pre-1991)
- Make the §35-8A-409 certificate request in writing within 14 days of signing
- Confirm the resale certificate is complete — all nine statutory items present
- Read the master insurance statement and the underlying declarations page (wind carrier, deductible, flood)
- Read the balance sheet and operating budget to infer reserve adequacy (no study is mandated)
- Review item 6 for unsatisfied judgments and pending suits in which the association is a party
- Request the last 12–24 months of board and owner minutes for unlevied specials and litigation
- On the coast, confirm the project's Fannie Mae / Freddie Mac eligibility status
- Confirm whether your §35-8A-409 voidable window is still open
- Request any reserve study, engineering report, and the short-term-rental rules
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Related risk areas
Read these next to round out your due diligence
Insurance risk
The association's master insurance policy determines what your personal HO-6 policy needs to cover — and what it does not.
Reserve studies
A reserve study tells you what the association expects to spend on long-term capital repairs and replacements, and whether it is funding those obligations adequately.
Governance risk
An association's governance health is a leading indicator of every other risk.
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Risk Intelligence
Get Your Free Condo Risk Report
Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.
Expert Matching
Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
- HOA lawyer
- Mortgage broker
- Insurance broker