§ 35-8A-403 — Offering Statement - General Provisions

(a) Except as provided in subsection (b), an offering statement must contain or fully and accurately disclose the following information with regard to the condominium, including a proposed condominium:
(1) The name and principal address of the declarant;
(2) The name and the address, legal description, or other description of the location of the condominium, and the number and types of units in the condominium;
(3) A general description of the condominium, including to the extent possible, number and types of buildings, structures, and amenities the declarant is obligated to build, and declarant’s schedule of commencement and completion of construction of buildings, structures, and amenities the declarant is obligated to include in the condominium;
(4) Copies of the declaration, as well as any recorded plats, plans, easements, covenants, conditions, restrictions, and reservations affecting the condominium; the certificate or the proposed certificate of formation and the bylaws of the association created or to be created to manage the condominium, any rules or regulations of the association, a copy of the lease for any leasehold condominium, copies of any contracts and leases to be signed by purchasers at closing, and copies of any contracts or leases that will or may be subject to cancellation by the association under Section 35-8A-305;
(5) A projected budget for the association for at least one year after the date or anticipated date of the first conveyance to a purchaser, and thereafter the current budget along with the current balance sheet of the association, a statement of who prepared the budget, and a statement of the budget’s assumption concerning occupancy. The budget must include, without limitation:
a. A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement;
b. A statement of any other reserves included in the budget;
c. The projected common expenses by category of expenditures for the association; and
d. The projected monthly common expense assessment for each type of unit;
(6) Any services not reflected in the budget that the declarant provides, or expenses that he or she pays, and that he or she expects may become at any subsequent time a common expense of the association and the projected common expense assessment attributable to each of those services or expenses for the association and for each type of unit;
(7) Any initial or special fee due from the purchaser at closing together with a description of the purpose and method of calculating the fee;
(8) A reference to, and a brief description of, any liens, known defects, or encumbrances on or affecting the title to the condominium;
(9) A description of any financing offered or arranged by the declarant and if the contract of sale offered to the purchaser does not contain a provision conditioning purchaser’s obligation to perform the contract on obtaining financing, a statement that the purchaser will forfeit any deposit he or she has paid if the purchaser requires such financing but does not qualify for such financing as is offered or arranged by declarant;
(10) The terms and significant limitations of any warranties provided by the declarant, including statutory warranties provided in this chapter and limitations on the enforcement thereof or on damages;
(11) A statement that:
a. Within seven days after receipt of an offering statement a purchaser, before conveyance, may cancel any contract for purchase of a unit from a declarant;
b. If a declarant fails to provide an offering statement to a purchaser before conveying a unit, that purchaser may rescind the conveyance within seven days after first receiving the offering statement; and
c. If a purchaser receives the offering statement more than seven days before signing a contract, he or she cannot cancel the contract;
(12) A statement of any unsatisfied judgments or pending lawsuits against the association; and the status of any pending lawsuits material to the condominium of which a declarant has actual knowledge;
(13) A statement that any deposit made in connection with the purchase of a unit will be held in an escrow account until closing and will be returned to the purchaser if the purchaser cancels the contract pursuant to Section 35-8A-408, together with the name and address of the escrow agent;
(14) Any restraints on sale or lease of any units in the condominium and any restrictions:
a. On use, occupancy or alienation of the units, and
b. On the amount for which a unit may be sold or on the amount that may be received by a unit owner on sale, condemnation, casualty loss to the unit or to the condominium or on the termination of the condominium;
(15) A brief description of the insurance coverage provided for the benefit of unit owners;
(16) Any current or expected fees or charges to be paid by unit owners for the use of the common elements and other facilities related to the condominium;
(17) The extent to which financial arrangements have been provided for completion of all improvements that the declarant is obligated to build pursuant to Section 35-8A-416 (Declarant’s obligation to complete and restore);
(18) A brief narrative description of any zoning affecting the condominium; and
(19) The applicable amendment requirements as provided in the declaration or as provided by Alabama law.
(b) If a condominium composed of not more than 12 units is not subject to any development rights, and no power is reserved to a declarant to make the condominium part of a larger condominium, group of condominiums, or other real estate, an offering statement may but need not include the information otherwise required by subdivisions (9), (10), (15), (16), (17), and (18) of subsection (a).
(c) A declarant shall promptly amend the offering statement to report any material change in the information required by this section.

Legislative History

(Acts 1990, No. 90-551, p. 858, §4-103; Act 2018-403, §1.)