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35-8A-201
Section 35-8A-201 Creation of condominium. (a) A condominium may be created pursuant to this
chapter only by filing a declaration executed in the same manner as a deed with the judge
of probate in every county in which any portion of the condominium is located. (b) The judge
of probate shall index the declaration of condominium in the grantee's index in the name of
the condominium and the association and in the grantor's index in the name of each person
executing the declaration. (c) A declaration or an amendment to a declaration adding units
to a condominium is not effective unless all structural components and mechanical systems
of all buildings containing or comprising any units thereby created are substantially complete,
as evidenced by a recorded certificate of substantial completion of structural and mechanical
systems executed by an independent registered engineer or independent registered architect.
(Acts 1990, No. 90-551, p. 858, §2-101; Act 2018-403, §1.)...
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40-10-29
Section 40-10-29 Deeds - Delivered to purchaser. After the expiration of three years from the
date of the sale of any real estate for taxes, the judge of probate then in office must execute
and deliver to the purchaser, other than the state, or person to whom the certificate of purchase
has been assigned, upon the return of the certificate, proof that all ad valorem taxes have
been paid, and payment of a fee of five dollars ($5) to the judge of probate, a deed to each
lot or parcel of real estate sold to the purchaser and remaining unredeemed, including therein,
if desired by the purchaser, any number of parcels, or lots purchased by him at such sale;
and such deed shall convey to and vest in the grantee all the right, title, interest and estate
of the person whose duty it was to pay the taxes on such real estate and the lien and claim
of the state and county thereto, but it shall not convey the right, title or interest of any
reversioner or remainderman therein. (Acts 1935, No. 194,...
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35-4-73
Section 35-4-73 Recitation of marital status of grantor or vendor required; probate judge not
liable for good faith error; false recitation a misdemeanor. (a) No deed, contract, or other
conveyance of land or any interest therein, whether legal or equitable, shall be accepted
for record by the probate judge unless it contains a recitation of the marital status of an
individual grantor or vendor; provided, that this section shall apply only to instruments
executed subsequent to July 21, 1972. (b) A probate judge shall not be liable in damages or
for a penalty for an error or mistake in the performance of his duties under this section
if committed in good faith. (c) Any person who knowingly makes a false recitation, as provided
in subsection (a) of this section, shall be guilty of a misdemeanor. (Acts 1971, 3rd Ex. Sess.,
No. 172, p. 4422.)...
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4-3-44
Section 4-3-44 Certificate of incorporation - Amendment. The certificate of incorporation of
an authority may be amended to change or modify any provision or to add any provision which
could have been included in the original certificate of incorporation. The amendment shall
be effected in the following manner: The certificate of amendment shall be signed and acknowledged
by each director before an officer authorized by the laws of the state to take acknowledgments
of deeds and shall have attached thereto a certified copy of a resolution consenting to such
amendment adopted by the authorizing subdivision or the authorizing subdivisions. Such certificate
of amendment and certified copies of a resolution or resolutions shall be filed for record
in the office of the judge of probate of the county in which the certificate of incorporation
was filed. The judge of probate shall forthwith receive and record such certificate of amendment
and attached documents. When such certificate of...
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10A-17-1.06
Section 10A-17-1.06 Statement of authority as to real property. (a) A nonprofit association
shall execute and record a statement of authority to transfer an estate or interest in real
property in the name of the nonprofit association. (b) An estate or interest in real property
in the name of a nonprofit association may be transferred by a person so authorized in a statement
of authority recorded in the office of the judge of probate of the county in which the real
property is located. (c) A statement of authority shall set forth: (1) The name of the nonprofit
association; (2) The address in Alabama, including the street address, if any, of the nonprofit
association, or, if the nonprofit association does not have an address in Alabama, its address
out of state; (3) The name or title of a person authorized to transfer an estate or interest
in real property held in the name of the nonprofit association; and (4) The action, procedure,
or vote of the nonprofit association which authorizes...
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35-10-24
Section 35-10-24 Partial payments - Entry by execution and delivery of separate instrument.
(a) Any person required by the provisions of this article, and more particularly Sections
35-10-21 through 35-10-24 thereof, to make any entry of partial payment on the margin of the
record may fully discharge his obligation to make such entry by executing a separate instrument
which properly identifies such mortgage, deed of trust, or other encumbrance, and which clearly
states the information required otherwise to be entered on the record or margin thereof, and
by delivering such instrument or depositing the same in the United States mail properly stamped
and addressed, to the person who requests such entry, but the person requested to make such
entry shall not be required to file such separate instrument for record; provided, that such
separate instrument so to be furnished shall be so prepared and acknowledged that the same
shall be admitted to record in the office of the judge of probate...
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40-10-73
Section 40-10-73 Right of state or assignee to possession when lands are bid in for state;
redemption when lien is recorded. When the lands are bid in for the state at tax sales, the
state shall be entitled to possession of said lands immediately upon execution of the certificate
of sale by the judge of probate. If possession is not surrendered within six months from the
date of sale after demand therefor is made by the Land Commissioner in behalf of the state,
or if the certificate has been assigned by the assignee, then the Land Commissioner in the
name of the state or the assignee of the state, if the certificate has been assigned, may
maintain an action in ejectment or a statutory real action in the nature of ejectment or other
proper remedy for the recovery of the possession of the lands purchased at such sales and
shall be entitled to hold the possession thereof on recovery, subject, however, to all rights
of redemption provided for in this title. If the mortgage or other...
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11-89C-3
Section 11-89C-3 Public corporation - Procedure for incorporation. (a) Three or more natural
persons who are either the mayor of a municipality or the chair of a county governing body
of a county or counties in which a municipality is wholly or partially situated, may file
with their respective governing bodies a written application to incorporate a public corporation
pursuant to this chapter. If each of the governing bodies adopts a resolution declaring that
the formation of a public corporation is wise, expedient, and necessary, and approves the
proposed certificate of incorporation, the incorporators shall proceed to incorporate the
public corporation pursuant to this chapter by executing and filing for record in either the
office of the judge of probate of the participating county having the largest population according
to the last federal decennial census, or, if there is not a participating county, in any county
in which the municipality with the largest population according to...
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11-47-72
Section 11-47-72 Filing, etc., of declaration as to removal of all remains from abandoned cemetery.
After the removal of all human remains interred in any part or the whole of the cemetery lands
abandoned as a burial place for the human dead as provided in this division, the cemetery
corporation, association, corporation sole, or other person owning or controlling such cemetery
lands may file for record in the office of the judge of probate of the county in which such
lands are situated a written declaration reciting that all human remains have been removed
from the part or portion of such lands described in such declaration. Such declaration shall
be acknowledged in the manner of the acknowledgment of deeds to real property by the president
and secretary or other corresponding officers of such cemetery corporation or association
or by the incumbent of any such corporation sole or by the persons owning or controlling such
cemetery lands, and thereafter any deed, mortgage, or other...
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33-15-3
Section 33-15-3 Procedure for incorporation. To become a corporation, the persons who are designated
to become members of the initial board of directors of the authority, as provided in Section
33-15-4, shall present to the Judge of Probate of Franklin County a certificate of incorporation
signed by them which shall contain: (1) The name and official residence of each of the said
persons; (2) The term of office of each of the said persons as such directors; (3) The name
of the proposed corporation which shall be Bear Creek Development Authority; (4) The location
of the principal office of the proposed corporation which shall be in one of said named counties;
and (5) Any other matter relating to the incorporation that the said persons may choose to
insert and which is not inconsistent with this article or the laws of the State of Alabama.
The certificate of incorporation shall be accompanied by: (1) A certificate by the clerk of
each of the municipalities of Red Bay, Vina, Hodges,...
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