Condo Seawall Repair on Mobile Bay: A Board Guide
Condo seawall repair on Mobile Bay usually falls to the condo board. Alabama law makes the board care for shared parts unless the declaration says otherwise.
Is the seawall the condo board's job?
Usually yes. The board repairs and replaces the common elements, meaning the shared parts of the property, unless the declaration says otherwise. Alabama Code 35-8A-307
A wall may be a limited common element, which serves only some units. Your declaration decides. Ask a lawyer to read it before the board votes.
How do you plan and pay for the work?
- The board must charge owners at least once a year, on a budget it adopts. Late balances may be charged interest, capped at 18 percent yearly. Alabama Code 35-8A-315
- If the declaration says so, the cost of a limited common element goes only to the units it serves.
- Ask the engineer to rank each wall section.
- A phased plan can spread the cost over more than one budget year.
How should the board talk to owners?
Write plain letters. Say what failed, what the fix costs and when work starts.
Owners will ask about cost and insurance. The cost guide has price ranges. The insurance guide covers what policies leave out.
Keep the next check on the calendar.
Look at a maintenance plan to keep records current and set a workable schedule for future checks.
Common questions
Who pays for a condo seawall repair?
The condo budget pays, funded by fees from owners. The declaration decides whether every unit shares the cost or only the units the wall serves.
Do condo owners vote on repair work?
It depends on the declaration and bylaws. Many set a spending limit above which owners must approve. Ask the board's attorney.
Can a buyer see the budget before closing?
Yes. A resale buyer may request, in writing, the current budget and a fee certificate. The law sets the deadlines.
Do we need a permit to replace a condo bulkhead?
Yes, usually from the city or county, plus state and federal approval at the water line. Start with the permit guide.
What should the board ask an engineer?
Ask about wall condition, repair order, cost ranges and whether the work can be staged. Ask what permits the design needs.
What can a condo buyer ask about the seawall?
In a resale, the buyer may send a written request within 14 days of signing. It can ask for the declaration, bylaws and rules, plus a certificate listing fees, special charges, the budget and lawsuits. The papers are due in 15 days. Alabama Code 35-8A-409
A wall repair plan or special charge should show up in that certificate.
Is a Gulf-facing building different?
On Dauphin Island, yes. The Town bans seawalls and rip-rap on the Gulf-fronting side. Dauphin Island zoning ordinance
State rules are strict on Gulf beaches and primary dunes. A bulkhead there needs three things. First, it sits inland of the state's beach construction line. Second, it protects an existing building. Third, no option without a wall can work. ADEM coastal rule
A condo project on a parcel at that line must also file a natural hazards study. ADEM coastal rule
The Dauphin Island bay-side guide covers the other shore.
What should the condo board do first?
- Have a lawyer read the declaration and the recorded plat.
- Ask an engineer for a written condition report with a repair order.
- Collect bids that show a general contractor license number. Alabama Code 34-8-6 State rules list marine construction as its own contractor class, so ask about it. General Contractors Board rule
- Show owners the options and costs, then set the fee.
- Tell the insurance broker what is planned. The standard federal flood form for houses does not insure seawalls or bulkheads. NFIP policy form
Show sourcesHide sources
- Code of Alabama 1975 Sec. 35-8A-409, Resales of UnitsSource reviewed 2026-10-31
- Town of Dauphin Island Zoning Ordinance No. 105, section 7.14 (Seawall Requirements & Regulations)Source reviewed 2026-11-04
- ADEM Admin. Code Chapter 335-8-2, rule 335-8-2-.08 Construction and Other Activities on Gulf Front Beaches and DunesSource reviewed 2026-10-31
- Code of Alabama 1975 Sec. 34-8-6, Prohibited Acts; PenaltiesSource reviewed 2026-10-31
- Ala. Admin. Code Chapter 230-X-1 (State Licensing Board for General Contractors), r. 230-X-1-.27 Major ClassificationsSource reviewed 2026-10-31
- 44 CFR Part 61, Appendix A(1), Standard Flood Insurance Policy, Dwelling FormSource reviewed 2026-10-31
Discuss a condo shoreline project
Write down the shoreline affected and the decision you face. Bring these notes to the professional when you discuss scope.