(a) Except for the limited common elements described in Section 35-8A-202(2) and (4), the declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without the consent of the association and the unit owners whose units are affected by the amendment.
(b) Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. The association shall prepare, execute, and record the amendment which is subject to Section 35-8A-217(e), and the cost shall be borne by the unit owners executing the amendment. The amendment shall be recorded and indexed in the names of the unit owners executing the amendment, the condominium, and the association.
(c) A common element not previously allocated as a limited common element may not be so allocated except pursuant to provisions in the declaration made in accordance with Section 35-8A-205(a)(7). The allocations must be made by amendments to the declaration.
(Acts 1990, No. 90-551, p. 858, §2-108; Act 2018-403, §1.)
Notes of Decisions
Andrews v. RBL, L.L.C. (In re Vista Bella, Inc.), 511 B.R. 163 (Bankr. S.D. Ala. 2014).
· cites it 3× “Ala.Code § 35-8A-208 (a) and (b). However, whether the Shallows had the legal right and ability to effectuate a reallocation does not speak to whether the reallocation was an indirect transfer of the Debtor.”
Bank of Am., N.A. v. Kinslow, 114 So. 3d 827 (Ala. Civ. App. 2012).
· cites it 7× “Bank of America cites § 35-8A-208 in support of its assertion that the limited common elements are appurtenant to a unit, rather than an exclusive right granted to a unit owner.”
Dorsett v. Singla, 195 So. 3d 299 (Ala. Civ. App. 2015).
· cites it 9× “Section 35-8A-208(a), Ala.Code 1975, provides, in part, that “the declaration [of condominium] must specify to which unit or units each limited common element is allocated.”
— Ala. Code § 35-8A-208(a) — 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-208 (a) and (b). However, whether the Shallows had the legal right and ability to effectuate a reallocation does not speak to whether the reallocation was an indirect transfer of the Debtor.”
Dorsett v. Singla, 195 So. 3d 299 (Ala. Civ. App. 2015).
“Section 35-8A-208(a), Ala.Code 1975, provides, in part, that “the declaration [of condominium] must specify to which unit or units each limited common element is allocated.”
— Ala. Code § 35-8A-208(b) — 1 case
Dorsett v. Singla, 195 So. 3d 299 (Ala. Civ. App. 2015).
“Section 35-8A-208(a), Ala.Code 1975, provides, in part, that “the declaration [of condominium] must specify to which unit or units each limited common element is allocated.”
— Ala. Code § 35-8A-208(c) — 1 case
Bank of Am., N.A. v. Kinslow, 114 So. 3d 827 (Ala. Civ. App. 2012).
“Bank of America cites § 35-8A-208 in support of its assertion that the limited common elements are appurtenant to a unit, rather than an exclusive right granted to a unit owner.”
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