(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.
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.