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.

1. HB 260, 2026 Regular Session — introduced text, Alabama Legislature ↩
2. 2026 Legislative Session Recap, Alabama Association of REALTORS (Apr. 21, 2026) ↩
3. SB 121, 2026 Regular Session — introduced text (Senate companion), Alabama Legislature ↩
4. 2026 Alabama End of Legislative Session Report, CAI Advocacy (May 8, 2026) ↩