Alabama's condominium declaration bill died without a committee vote — opposed by the Realtors
Alabama's condominium declaration bill died without a committee vote — opposed by the Realtors
2026-09-10 · Alabama · Legislation · Did not pass
The only bill filed in two years that would have substantively rewritten the Alabama Uniform Condominium Act died in committee in April 2026, and one of the two chambers never put it on an agenda at all.
HB 260 and SB 121 were companions, and they were not merely similar. We compared the two introduced texts after stripping line numbers, headers and drafting codes: the similarity is 99.8%, and every difference is bill-number or sponsor-line noise. The Senate version carries the earlier drafting code, so it was the original.
- SB 121 — by Senator Arthur Orr (R–Decatur), referred to Senate Judiciary, first read January 13, 2026.
- HB 260 — by Representative Chris England (D–Tuscaloosa), sole sponsor with no cosponsors, referred to House Judiciary, first read January 15, 2026.
What the bill would have done
The synopsis states the problem it was aimed at: “Existing law requires consent from a specified percentage of condominium unit owners to amend a condominium declaration and prohibits obtaining consent through powers of attorney.” The bill would have closed what its drafters evidently regarded as a gap in that prohibition.1
It would have amended eleven sections — Ala. Code §§ 35-8A-104, -108, -110, -205, -216, -302, -308, -309, -403, -408 and -414 — to do four things.
Bar consents and waivers, not just powers of attorney. Section 35-8A-104 would have read: “A declarant may not act under a power of attorney, consent, waiver, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.”
Require material changes to be reported. The title's phrase is “to require reports of material changes to be fully and accurately reported.”
Let associations intervene in ADR. Section 35-8A-302(a)(4) would have let an association “[i]nstitute, defend, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name on behalf of itself or two or more unit owners on any matter affecting the condominium.”
Give courts equitable remedies. Section 35-8A-108 would have added “remedies of reformation, injunction, and declaratory judgment” to the principles supplementing the chapter.
What actually happened to it, precisely
Both bills carry the frozen ALISON status string “Pending Committee Action in House of Origin.” That is a last-known state, not a live one: the 2026 Regular Session adjourned sine die on April 9, 2026, and Alabama bills do not carry over. Both are dead.
The two chambers treated the bill differently, and the difference is the story.
SB 121 was never placed on any committee agenda. Its entire action history is two rows, both dated January 13, 2026: first reading, and referral to Judiciary. No hearing, no vote, nothing.
HB 260 was agendaed exactly once — on February 11, 2026, as item 9 of 10 on the House Judiciary standing meeting agenda, with no public hearing scheduled and no recommendation. The committee met that day and acted on other bills on the same agenda; three of them carry a “Reported Out of Committee” history row dated February 11, 2026. HB 260 does not. It was listed, the committee met, and it was not taken up.
So the accurate description is neither “pending in House Judiciary” nor a bare “died in committee”: it reached a House Judiciary agenda once, drew no recorded action, and expired at sine die. It never received a committee vote, an engrossed version, an enrolled version, or a roll call.
Who opposed it, on the record
A bill with two Judiciary referrals in both chambers and a Senate draft prepared the previous year is a coordinated effort, not an afterthought. It did not die of neglect.
The Alabama Association of REALTORS published its position in its 2026 Legislative Session Recap:2
“SB121 by Sen. Arthur Orr (R - Decatur) would have made significant changes to Alabama's condominium law… The legislation went against the Alabama Supreme Court's recent interpretation of the Alabama Condominium Act. The primary concern is allowing courts to rewrite development documents and destabilize developments and communities, undermining existing developments and deterring future developments across the state. AAR worked with stakeholders to oppose this legislation.”
The Community Associations Institute's Alabama Legislative Action Committee, which tracked 25 bills in the session, recorded HB 260 / SB 121 as died in committee and noted its own general support for alternative dispute resolution mechanisms — the piece of the bill that expanded association standing into arbitration and mediation.
One thing we could not establish. AAR names no case. We could not identify which “recent interpretation of the Alabama Condominium Act” it meant, and we are not going to guess: the nearest recent decision we located, Ex parte Caribe Resort Condominium Association Board of Directors (Ala. Dec. 13, 2024), turns on the Alabama Nonprofit Corporation Law rather than on Chapter 8A. Treat the causal link as asserted by AAR and unverified by us.
What it changes: nothing, and that is the point
Alabama condominium declaration-amendment practice on September 10, 2026 is exactly what it was on January 12, 2026. Section 35-8A-104's evasion prohibition still names powers of attorney only. An association's standing to intervene under § 35-8A-302(a)(4) still stops at litigation and administrative proceedings. And § 35-8A-108 still supplements the chapter with principles of law and equity without the enumerated remedies of reformation, injunction and declaratory judgment that the bill would have written in.
The wider frame is starker. In the 2025 and 2026 Regular Sessions combined, no enacted Alabama law amended a single section of the Uniform Condominium Act, the Homeowners' Association Act, or the older Condominium Ownership Act. The most recent act cited anywhere in Chapter 8A is from 2018. HB 260 and SB 121 were the entire substantive legislative output on Alabama condominium governance for two years, and neither got a vote.
What to watch next
The bill must be filed fresh to return — Alabama has no carryover. Two structural facts bear on whether it does.
First, the whole Legislature stands for election before the 2027 session, so neither sponsor is guaranteed to be there. Second, under the Senate's own rules prefiling has been barred since the 2026 session convened and stays barred until the Organizational Session on January 12, 2027; the 2027 Regular Session convenes February 2, 2027. Nothing can be prefiled before that January window.
We searched specifically for any statement by Senator Orr, Representative England or anyone else announcing an intention to re-file, and found none. Any suggestion that this bill returns in 2027 is, at this writing, speculation with no source behind it.
Related Alabama HOA Topics
- HB 260, 2026 Regular Session — introduced text, Alabama Legislature ↩
- 2026 Legislative Session Recap, Alabama Association of REALTORS (Apr. 21, 2026) ↩
- SB 121, 2026 Regular Session — introduced text (Senate companion), Alabama Legislature ↩
- 2026 Alabama End of Legislative Session Report, CAI Advocacy (May 8, 2026) ↩
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