(a) Any two or more condominiums, by agreement of the unit owners as provided in subsection (b), may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium is, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association that holds all powers, rights, obligations, assets, and liabilities of all pre-existing associations.
(b) An agreement of two or more condominiums to merge or consolidate pursuant to subsection (a) must be evidenced by an agreement prepared, executed, recorded, and certified by the president of the association of each of the pre-existing condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. The agreement must be recorded in every county in which a portion of the condominium is located and is not effective until recorded.
(c) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either (i) by stating the reallocations or the formulas upon which they are based or (ii) by stating the percentage of overall allocated interests of the new condominium which are allocated to all of the units comprising each of the pre-existing condominiums, and providing that the portion of the percentages allocated to each unit formerly comprising a part of the pre-existing condominium must be equal to the percentages of allocated interests allocated to that unit by the declaration of the pre-existing condominium.
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.