Ala. Code
Code of Alabama

Ala. Code § 35-8A-207 (2026)

Allocation of Common Element Interests, Votes, and Common Expense Liabilities.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) The declaration must allocate to each unit in a condominium a fraction or percentage of undivided interests in the common elements and in the common expenses of the association specified in section 35-8A-315(a), and a portion of the votes in the association, to each unit and state the formulas used to establish allocations of interest. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant.

(b) If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.

(c) The declaration may provide: (i) that different allocations of votes shall be made to the units on particular matters specified in the declaration; (ii) for cumulative voting only for the purpose of electing members of the board; and (iii) for class voting on specified issues affecting the class if necessary to protect valid interests of the class. A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter, nor may units constitute a class because they are owned by a declarant.

(d) Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units must each equal one if stated as fractions or 100 percent if stated as percentages. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.

(e) In a condominium the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated, is void.

(Acts 1990, No. 90-551, p. 858, §2-107.)

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1993–2025 · leading case: Andrews v. RBL, L.L.C. (In re Vista Bella, Inc.), 511 B.R. 163 (Bankr. S.D. Ala. 2014).
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Andrews v. RBL, L.L.C. (In re Vista Bella, Inc.), 511 B.R. 163 (Bankr. S.D. Ala. 2014). · cites it 2× “Ala.Code § 35-8A-207(e) Commissioners’ Commentary 6.”
Dorsett v. Singla, 195 So. 3d 299 (Ala. Civ. App. 2015). · cites it 2× “Regarding conveyances of the common elements of ,a condominium, § 35-8A-207(e), Ala.Code 1975, provides: “In a condominium the .”
Howard Ross v. West Wind Condo. Ass'n (Appeal from Madison Circuit Court: CV-22-146). (Ala. Civ. App. 2024). “" In accordance with § 35-8A-207(a), Section 6 of West Wind's Declaration provides that "[e]ach unit owner, including the Declarant, is hereby allocated an equal liability for common expenses and an equal share in common surplus.”
Howard Ross v. West Wind Condo. Ass'n (Appeal from Madison Circuit Court: CV-22-146). (Ala. Civ. App. 2025). “" In accordance with § 35-8A-207(a), Section 6 of West Wind's Declaration provides that "[e]ach unit owner, including the Declarant, is hereby allocated an equal liability for common expenses and an equal share in common surplus.”
Jubilee Landing Condo. Owners Ass'n v. Jubilee Landing, Inc., 621 So. 2d 974 (Ala. 1993). “Furthermore, § 35-8A-207(a) expressly prevents the result argued for by the Developer: “The declaration must allocate to each unit in a condominium a fraction or percentage of undivided interests in the common elements and in the common expenses of the association.”
— Ala. Code § 35-8A-207(a) — 3 cases
Howard Ross v. West Wind Condo. Ass'n (Appeal from Madison Circuit Court: CV-22-146). (Ala. Civ. App. 2024). “" In accordance with § 35-8A-207(a), Section 6 of West Wind's Declaration provides that "[e]ach unit owner, including the Declarant, is hereby allocated an equal liability for common expenses and an equal share in common surplus.”
Howard Ross v. West Wind Condo. Ass'n (Appeal from Madison Circuit Court: CV-22-146). (Ala. Civ. App. 2025). “" In accordance with § 35-8A-207(a), Section 6 of West Wind's Declaration provides that "[e]ach unit owner, including the Declarant, is hereby allocated an equal liability for common expenses and an equal share in common surplus.”
Jubilee Landing Condo. Owners Ass'n v. Jubilee Landing, Inc., 621 So. 2d 974 (Ala. 1993). “Furthermore, § 35-8A-207(a) expressly prevents the result argued for by the Developer: “The declaration must allocate to each unit in a condominium a fraction or percentage of undivided interests in the common elements and in the common expenses of the association.”
— Ala. Code § 35-8A-207(e) — 2 cases
Andrews v. RBL, L.L.C. (In re Vista Bella, Inc.), 511 B.R. 163 (Bankr. S.D. Ala. 2014). “Ala.Code § 35-8A-207(e) Commissioners’ Commentary 6.”
Dorsett v. Singla, 195 So. 3d 299 (Ala. Civ. App. 2015). “Regarding conveyances of the common elements of ,a condominium, § 35-8A-207(e), Ala.Code 1975, provides: “In a condominium the .”
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