The City of Auburn recently filed suit against a developer for filing a record plat map subdividing property without the City’s consent or authorization.
Background
In 2019 and again in 2022, the developer recorded two separate condominium plats for a parcel of land, each containing a signed and attested statement from the developer indicating that "it was and is its purpose to subdivide the land so platted into condominiums as shown." The City argues the property falls within its planning jurisdiction and is therefore subject to the City's Subdivision Regulations under Alabama law. Therefore, the plat should have been reviewed and approved by the Auburn Planning Commission.
Key Issues at Stake
In 1975, Alabama implemented laws and regulations granting municipalities the authority to regulate within their Planning Jurisdictions, including the subdivision of property. The Alabama Uniform Condominium Act also specifies that condominiums cannot override any "zoning, subdivision, building code, or other real estate law." The City contends that, because the creation of a condominium involves dividing land into two or more parcels, it qualifies as a subdivision of real estate and therefore falls under the City's Planning Jurisdiction.
The City further asserts that, since the property in question is within its limits and subject to its Subdivision Regulations, the plats recorded in the Lee County probate office without the City's Planning Commission approval are null and void. Consequently, any transfers or conveyances of units or lots within the condominiums made after the recording of the plats are also considered null and void. As a result, the City argues that the condominiums cannot be developed as individual land condominium lots. The developer disagrees.
What’s Next
The Court's ruling in this case could have major implications if it sides with the developer, as it would challenge the current interpretation of existing subdivision laws and their application to municipalities' Planning Jurisdictions as outlined in the 1975 Alabama Code. We will continue to follow the case and post updates.
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