Alabama HOA Resale Disclosure Calculator — § 35-8A-407 + § 35-8A-408 (10-Day Delivery)

How this calculator works

This is a deadline projector and fee reasonableness check for the Alabama condominium resale certificate. Given the unit owner request date, the contract execution / closing date, and the fee the association charged, it returns:

1. The REQUIRED DELIVERY DATE — request + 10 calendar days under Ala. Code § 35-8A-408.
2. The DAYS UNTIL DEADLINE (negative if overdue).
3. The BUFFER from delivery deadline to contract / closing date.
4. The STATUS classification (not-requested, within-deadline, on-time, tight-timing, late-risk, overdue).
5. The FEE ASSESSMENT against typical Alabama ranges and the $500 challenge threshold.
6. The complete 12-ITEM REQUIRED CONTENT CHECKLIST for the closing file.

Use the calculator on receipt of the request to calendar the deadline, mid-cycle to confirm the contract buffer, and post-delivery to memorialize compliance in the manager log.

The relevant Ala. Code § 35-8A statute

The Alabama Uniform Condominium Act lives at Ala. Code § 35-8A-101 et seq. The resale-disclosure provisions are concentrated in § 35-8A-407 (resale of units) and § 35-8A-408 (resale certificate). The Alabama HOA Act at Ala. Code § 35-20-1 et seq. governs non-condominium homeowners associations and does NOT carry an equivalent statutory resale-certificate regime.

§ 35-8A-407 — Resale of units. Except in the case of a sale where delivery of a public offering statement is required by § 35-8A-402 (developer first-sale transactions), a unit owner who sells a unit must furnish the purchaser, before execution of any contract for sale or otherwise before conveyance, a copy of the declaration, the bylaws, the rules or regulations of the association, and a resale certificate containing the information specified in § 35-8A-408.

§ 35-8A-408 — Resale certificate. Within 10 days after a request by a unit owner, the association shall furnish a certificate containing the information necessary to enable the unit owner to comply with § 35-8A-407. The association may charge a reasonable fee for preparing the certificate. The certificate must include 12 required content items spanning assessments and unpaid balances, other fees, capital-expenditure plans, reserves, financial statements, operating budget, judgments and pending suits against the association, insurance coverage for unit owners, board knowledge of declaration violations regarding alterations or improvements, the unit owner unsatisfied judgments and pending suits, board knowledge of health or building code violations, and the remaining term of any leasehold estate.

§ 35-8A-408 buyer-reliance — The association is bound by the statements in the certificate as to any purchaser to whom the certificate is issued. The buyer who closes with the certificate in hand has a defense against post-closing collection actions for pre-closing matters not disclosed.

§ 35-8A-402 — Public offering statement required for developer first-sale transactions. Different (and more comprehensive) regime than the resale-certificate regime; the calculator does not address developer first-sale transactions.

Alabama-specific gotchas (nonjudicial power-of-sale, one-year right of redemption under § 6-5-247, no CAM licensure)

ALABAMA DOES NOT FORMALLY LICENSE CAMs. Unlike Florida (Fla. Stat. § 468.431 LCAM, which requires CAM signature on the estoppel certificate), Nevada (NRS 116A CAM), and DC (CICM), Alabama has NO state-level licensure requirement for community association managers. Practical consequence: the Alabama resale certificate may be signed by any person authorized by the association (typically a manager, board officer, or attorney). The certificate carries the association binding effect under § 35-8A-408 regardless of who signs, but the lack of a CAM signature requirement means there is no state-regulated professional verification of the certificate content. Many Alabama associations have counsel review resale certificates for consequential or commercial transactions.

NO STATUTORY FEE CAP — REASONABLENESS STANDARD ONLY. Ala. Code § 35-8A-408 permits the association to charge a reasonable fee for preparing the certificate. There is NO statutory dollar cap in Alabama (unlike Florida, where Fla. Stat. § 718.503 caps the estoppel fee at $250 with cost-of-living adjustments). Typical Alabama fees range $150-$400 for a standard certificate; rush fees commonly add $50-$100. Fees at or above $500 have been challenged as unreasonable in some Alabama circuit-court decisions. The calculator flags fees in three bands: in-range ($0-$400), high-but-defensible ($400-$500), and potentially-unreasonable ($500+).

TEN-DAY DELIVERY IS CALENDAR DAYS. § 35-8A-408 specifies 10 days from the unit owner request — calendar days, not business days. The deadline does not automatically extend for weekends or holidays. The calculator is conservative and treats the deadline as calendar request + 10. For high-stakes transactions, deliver early to build cushion against weekend or holiday risk and to preserve the buyer-reliance defense.

TWELVE-ITEM CONTENT LIST IS BROADER THAN FLORIDA OR TENNESSEE. The § 35-8A-408 required-content list is materially broader than the Florida § 718.503 estoppel content list and the Tennessee § 66-27-502 resale-certificate content list. Alabama requires capital-expenditure projections for the current and succeeding TWO fiscal years (not one), explicit disclosure of board knowledge of health or building code violations, and the remaining term of any leasehold estate. The 12-item Alabama list reflects the UCA model-act position. The calculator returns the full 12-item checklist for the closing file.

SUPER-PRIORITY INTERACTION. The Alabama condominium association lien has a SIX-MONTH SUPER-PRIORITY under § 35-8A-316(b). The resale certificate must disclose the full unpaid assessment balance, but the buyer-reliance defense applies to the entire disclosed balance. Practical consequence: if the certificate omits a six-month super-priority claim, the association is bound as to the buyer and may not assert the super-priority post-closing for the omitted period. The certificate is the operative diligence document; complete and accurate disclosure is critical.

HOA ACT (§ 35-20) USES NO STATUTORY CERTIFICATE. The Alabama HOA Act at § 35-20-1 et seq. governs non-condominium homeowners associations and does NOT have an equivalent statutory resale-certificate regime. HOA Act associations rely on declaration-specified disclosure procedures or general seller disclosure obligations. Practical consequence: Alabama HOA resales do not benefit from the § 35-8A-408 buyer-reliance defense; buyers in HOA Act communities have materially less post-closing protection against undisclosed pre-closing association claims. This calculator is for CONDOMINIUM resales under § 35-8A.

FORECLOSURE CONTEXT MATTERS FOR DISCLOSURE. Alabama strongly favors nonjudicial power-of-sale foreclosure under Ala. Code § 35-10-1 et seq. and gives the former owner a one-year statutory right of redemption under § 6-5-247. If the unit being resold was acquired at a foreclosure sale within the past year, the resale certificate should reflect the redemption-period status; if the redemption period has not expired, the title is encumbered by the redemption right and the certificate disclosure to the new buyer should reflect that exposure.

What this calculator does NOT model

The calculator implements the Alabama resale-certificate timing and fee assessment. It does NOT:

• Validate the form or content of the actual certificate against the 12-item list.
• Compute escrow or closing-cost amounts payable at closing.
• Project the public offering statement requirements under § 35-8A-402 for developer first-sale transactions.
• Model the Alabama HOA Act § 35-20 framework where it differs from the UCA.
• Apply the foreclosure-redemption-status interaction with the certificate disclosure.
• Validate compliance with general Alabama real-estate-transaction disclosure obligations (seller property disclosure, lead-based paint, mold, etc.).
• Project the post-closing dispute resolution for buyer claims under the buyer-reliance defense.
• Compute the cost basis for fees above the typical range (rush surcharge, complex disclosures, multi-unit transactions).
• Validate the proxy signature or authority of the person signing the certificate.

For any consequential transaction, retain Alabama counsel with § 35-8A and § 35-10 experience to oversee the certificate review and the closing package.

Sources

Last reviewed: 2026-05-17 against:

• Alabama Uniform Condominium Act, Ala. Code § 35-8A-101 et seq.
• Ala. Code § 35-8A-407 (resale of units — required disclosures).
• Ala. Code § 35-8A-408 (resale certificate — 10-day delivery, 12-item content, reasonable fee, buyer-reliance defense).
• Ala. Code § 35-8A-402 (public offering statement required for developer first-sale transactions).
• Ala. Code § 35-8A-316 (association lien framework — disclosure interaction).
• Alabama HOA Act at Ala. Code § 35-20-1 et seq. (separate framework for non-condominium associations).
• Comparative analysis against Florida (Fla. Stat. § 718.503 estoppel certificate — 10 business days, $250 cap, CAM signature requirement under § 468.431), Tennessee (Tenn. Code Ann. § 66-27-502 reasonable-time delivery, 10-day diligence standard), Colorado (CRS § 38-33.3-316.5 status letter, 14-day delivery), and Washington (RCW 64.34.425 resale certificate).
• Alabama State Bar Real Property, Probate and Trust Law Section practitioner materials on condominium resale and disclosure.