Code of Alabama

Ala. Code § 35-8A-201 (2026)

Creation of Condominium.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) A condominium may be created pursuant to this chapter only by filing a declaration executed in the same manner as a deed with the judge of probate in every county in which any portion of the condominium is located.

(b) The judge of probate shall index the declaration of condominium in the grantee’s index in the name of the condominium and the association and in the grantor’s index in the name of each person executing the declaration.

(c) A declaration or an amendment to a declaration adding units to a condominium is not effective unless all structural components and mechanical systems of all buildings containing or comprising any units thereby created are substantially complete, as evidenced by a recorded certificate of substantial completion of structural and mechanical systems executed by an independent registered engineer or independent registered architect.

(Acts 1990, No. 90-551, p. 858, §2-101; Act 2018-403, §1.)

Notes of Decisions
Cited in 2 cases, 2009–2015 · leading case: Murray v. Holiday Isle, LLC, 620 F. Supp. 2d 1302 (S.D. Ala. 2009).
Murray v. Holiday Isle, LLC, 620 F. Supp. 2d 1302 (S.D. Ala. 2009). · cites it 9× “Code § 35-8A-201 (Commissioner’s Commentary, ¶ 8).”
Dorsett v. Singla, 195 So. 3d 299 (Ala. Civ. App. 2015). “Section 35-8A-201(a), Ala.Code 1975, provides that “[a] condominium may be created pursuant to this chapter only by filing a declaration executed in the same manner as a deed with the judge of probate in every county in which any portion of the condominium is located.”
— Ala. Code § 35-8A-201(a) — 1 case
Dorsett v. Singla, 195 So. 3d 299 (Ala. Civ. App. 2015). “Section 35-8A-201(a), Ala.Code 1975, provides that “[a] condominium may be created pursuant to this chapter only by filing a declaration executed in the same manner as a deed with the judge of probate in every county in which any portion of the condominium is located.”
— Ala. Code § 35-8A-201(c) — 1 case
Murray v. Holiday Isle, LLC, 620 F. Supp. 2d 1302 (S.D. Ala. 2009). “Code § 35-8A-201 (Commissioner’s Commentary, ¶ 8).”
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