(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(b) If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium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.
Structure Code of Alabama
Chapter 8A - Alabama Uniform Condominium Act.
Article 2 - Creation, Alteration, and Termination of Condominiums.
Section 35-8A-201 - Creation of Condominium.
Section 35-8A-202 - Unit Boundaries.
Section 35-8A-203 - Construction and Validity of Declaration and Bylaws.
Section 35-8A-204 - Description of Units.
Section 35-8A-205 - Contents of Declaration.
Section 35-8A-206 - Leasehold Condominiums.
Section 35-8A-207 - Allocation of Common Element Interests, Votes, and Common Expense Liabilities.
Section 35-8A-208 - Limited Common Elements.
Section 35-8A-209 - Plats and Plans.
Section 35-8A-210 - Exercise of Development Rights.
Section 35-8A-211 - Alterations of Units.
Section 35-8A-212 - Relocation of Boundaries Between Adjoining Units.
Section 35-8A-213 - Subdivision of Units.
Section 35-8A-214 - Monuments as Boundaries.
Section 35-8A-215 - Use for Sales Purposes.
Section 35-8A-216 - Easement Rights.
Section 35-8A-217 - Amendment of Declaration.
Section 35-8A-218 - Termination of Condominium.
Section 35-8A-219 - Rights of Secured Lenders.
Section 35-8A-220 - Master Associations.
Section 35-8A-221 - Merger or Consolidation of Condominiums.