Alabama REALTORS® Applauds AL Supreme Court Decision on Property Rights and Development
July 1, 2021
Alabama REALTORS® applauds the Alabama Supreme Court decision in the case Brett/Robinson Gulf Corporation et al., v. Phoenix on the Bay II (Brett/Robinson). In a per curiam opinion, the Supreme Court overturned a trial court’s decision to invalidate properly recorded property declarations and thereby nullifying the developer’s ownership of four units in a condominium.
“The Court’s ruling was a win for the rule of law and preserves the integrity of foundational legal documents in current and future real estate developments,” said Jeremy Walker, CEO of Alabama REALTORS®. “The development of more affordable housing and additional housing inventory depends on the stability and predictability of the rule of law and years of established court precedent.”
Declarations in real estate developments such as subdivisions, condominiums, and other common interest communities are vitally important to protecting property interests of the community’s residents. The declarations outline the rules and framework governing a common interest community. The unilateral ability of a trial court judge to create law from the bench overturning years of property law precedent and depriving owners of their private property is a threat to all property owners and real estate developments in Alabama. Such a precedent would render the declarations meaningless and leave real estate brokers, builders, and developments vulnerable to endless lawsuits and uncertainty. Additional legal exposure and uncertainty to already skyrocketing material costs and increasing governmental fees will continue to put housing out of reach for many.
Alabama REALTORS® filed an amicus brief in support of overturning the trial court’s decision.
To read the decision in full, click here. Alabama REALTORS® continues to advocate on behalf of REALTORS®, the real estate industry and private property rights in all branches of state government.
The Alabama Association of REALTORS® (AAR) is the largest statewide organization of real estate professionals with more than 17,000 members from 24 local boards and 1,600 real estate companies. United by adherence to a Code of Ethics, its members work as real estate professionals in the sale, lease, appraisal and development of residential, commercial, rural and resort properties throughout Alabama.