(a) A clear and legible plat of the condominium property and plans, if required under subsection (d), shall be recorded in the office of the judge of probate in every county in which any portion of the condominium is located and shall contain a certification that the plat and plans, if any contain all information required by this section. If the plat contains all of the information described in subsections (b), (c), (d), and (g), plans are not required. The recorded plan and plans are part of the declaration.
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Terms Used In Alabama Code 35-8A-209

  • Probate: Proving a will
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
(b) Each plat must show:

(1) The name of the condominium and a survey of the real property included in the condominium;
(2) The location and dimensions of all existing improvements located on the condominium property;
(3) The location and dimensions of any real estate subject to development rights reserved over any part of the condominium property, labeled to identify the rights applicable to each identified portion, but the plat need not designate or label which development rights are applicable if that information is clearly described in the declaration;
(4) The extent of any encroachments by or upon any portion of the condominium property;
(5) To the extent any easements can be shown on the plat, the location and dimensions of all easements serving or burdening any portion of the condominium property;
(6) To the extent they can be shown on the plat, the location and dimensions of any vertical unit boundaries and the identifying number of each unit;
(7) To the extent they can be shown on the plat, any horizontal unit boundaries with reference to an established datum and the identifying number of each unit;
(8) To the extent they can be shown on the plat, the location and dimensions of any limited common elements other than parking spaces and the limited common elements described in subdivisions (2) and (4) of Section 35-8A-202;
(9) A legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as “leasehold real estate”;
(10) The distance between noncontiguous parcels of real property included in the condominium;
(11) A certification as to whether any portion of the real property contained in the condominium is located within a flood zone as determined by the federal agency charged with implementation of the National Flood Insurance Act and, if so, the flood zone classification. When any portion of the condominium property is located within a flood zone, the flood zone boundary shall be shown on the plat, together with the elevations and locations of all existing structures located within the flood zone area;
(12) The intended location and dimensions of any contemplated or proposed improvements to be constructed on the condominium property pursuant to any development right, which must be clearly labeled either “MUST BE BUILT” or “NEED NOT BE BUILT”; and
(13) All other matters customarily shown on land surveys.
(c) A general schematic map or a legal description of any real property that may be added to the condominium in the future pursuant to a development right reserved under Section 35-8A-205(a)(8) must either be included in the declaration or shown on an additional page of the plat. If the additional real property is shown on the plat, it must be clearly labeled that it is not part of the condominium property.
(d) To the extent not contained on the plat of the condominium property, plans of the condominium property improvements must be prepared and recorded that show:

(1) The location and dimensions of the vertical boundaries of each unit, and the identifying number for each unit;
(2) Any horizontal boundaries with reference to an established datum, and the identifying number for each unit; and
(3) The location and dimensions of any limited common elements other than parking spaces and the limited common elements described in subdivisions (2) and (4) of Section 35-8A-202; and
(4) The location and dimensions of any units in which the declarant has reserved the right to create additional units or common elements described in Section 35-8A-210(c) identified appropriately, unless the development rights are adequately described in the declaration.
(e) Unless the declaration provides otherwise, the horizontal boundaries of any part of a unit located outside of a building have the same elevation as the horizontal boundaries inside the building, and need not be depicted on the plats and plans.
(f) Upon exercising any development right that affects the condominium property, the declarant shall record new plats and plans necessary to conform to the requirements of subsections (a), (b), and (d), or new certifications of the plats and plans previously recorded if those plats and plans otherwise conform to the requirements of those subsections.
(g) Any certification of a plat or plan required by this section must be made by a registered engineer, a registered architect, or a licensed surveyor.
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