Ala. Code
Code of Alabama

Ala. Code § 35-8-13 (2026)

Common Expenses and Limited Common Expenses.

✓ official Alabama Legislature (ALISON) text, current July 2026
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The common expenses and limited common expenses shall be charged to unit owners in such amount that the charge corresponds approximately to their respective undivided interests in the common elements and limited common elements as set forth or determined by the declaration and amendments thereto. The amount of such expenses charged to each unit shall be a lien against such unit subject to the provisions of Section 35-8-17. A unit owner shall, by acceptance of title, be conclusively presumed to have agreed to pay his proportionate share of such expenses accruing while he is the owner of a unit. However, the liability of a unit owner for such expenses shall be limited to amounts duly assessed in accordance with this chapter, the declaration, and bylaws. No unit owner may exempt himself from liability for his share of such expenses arising out of common elements and limited common elements in which he has an interest by waiver of the enjoyment of the right to use any of the common elements, or limited common elements or by abandonment of his unit or otherwise. Such expenses charged to any unit shall bear interest from the due date set by the association. The interest rate, not to exceed the legal interest rate, may be established by the association or, if no rate is so established, it shall be the legal rate.

(Acts 1964, 1st Ex. Sess., No. 206, p. 266, §§21, 23; Acts 1973, No. 1059, p. 1732, §13.)

Notes of Decisions
Cited in 3 cases, 1993–2008 · leading case: Mahoney v. Loma Alta Prop. Owners Ass'n, 4 So. 3d 1130 (Ala. Civ. App. 2008).
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Mahoney v. Loma Alta Prop. Owners Ass'n, 4 So. 3d 1130 (Ala. Civ. App. 2008). “) See also § 35-8-13, Ala.Code 1975 (providing that “[a] unit owner shall, by acceptance of title, be conclusively presumed to have agreed to pay his proportionate share of [common expenses and limited common] expenses accruing while he is the owner of a unit”).”
Cedar Bend Ass'n, Inc. v. Owens, 628 So. 2d 506 (Ala. 1993). “” Section 35-8-13 provides, in part: “The common expenses and limited common expenses shall be charged to unit owners in such amount that the charge corresponds approximately to their respective undivided interests in the common elements and limited common elements as set forth…”
Jubilee Landing Condo. Owners Ass'n v. Jubilee Landing, Inc., 621 So. 2d 974 (Ala. 1993). · cites it 7× “) The Association asserts that this provision is void and unenforceable, contending that it contravenes § 35-8-13. The Association contends that because the exemption provision in the declaration is invalid, the Developer owes the Association for maintenance costs associated…”
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