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35-8-12
Section 35-8-12 Liability, actions, and service of process. (a) Neither the association
nor any unit owner shall be liable for the individual acts or omissions of any other unit
owner. (b) All actions seeking liability of unit owners arising by virtue of their condominium
ownership and who are not liable by reason of any act or omission on their own part shall
be directed against the association and defended by the association. Where plaintiff's demand
exceeds unit owner insurance established by the association, such unit owner must be given
notice by the association and shall have the right at his own expense to individual representation
by counsel. (c) A unit owner, not liable by reason of any act or omission on his own part,
shall have no liability for any settlement, judgment, or cost of defense incurred by the association
with relation to limited common elements in which he has no interest. (d) A unit owner shall
be liable for no more than a pro rata share of any settlement,...
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35-8A-311
Section 35-8A-311 Tort and contract liability. Neither the association, any association
mortgagee, nor any unit owner except the declarant is liable for that declarant's torts in
connection with any part of the condominium which that declarant has the responsibility to
maintain. Otherwise, an action alleging a wrong done by the association shall be brought against
the association and not against any unit owner. If the wrong occurred during any period of
declarant control and the association gives the declarant reasonable notice of and an opportunity
to defend against the action, the declarant who then controlled the association is liable
to the association or to any unit owner: (i) for all tort losses not covered by insurance
suffered by the association or that unit owner; and (ii) for all costs which the association
would not have incurred but for a breach of contract or other wrongful act or omission. Whenever
the declarant is liable to the association under this section, the...
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35-8-17
Section 35-8-17 Liens in favor of association. The association shall have a lien on
each unit for any unpaid assessment duly made by the association for a share of common expenses,
limited common expenses or otherwise, together with interest thereon and, if authorized by
the declaration or bylaws, reasonable attorney's fees. Such lien shall be effective from and
after the time of recording in the public records of the county in which the unit is located
of a claim of lien stating the description of the unit, the name of the record owner, the
amount due, and the date when due. Such claim of lien shall include only sums which are due
and payable when the claim of lien is recorded and shall be signed and verified by an officer
or agent of the association. Upon full payment of all sums secured by the lien, the party
making payment shall be entitled to a recordable satisfaction of lien. All such liens shall
be subordinate to any lien for taxes, the lien of any mortgage of record, and any...
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10A-1-8.02
Section 10A-1-8.02 Mergers of entities. (a) A merger of two or more entities, whether
the other entity or entities are the same or another form of entity, may be accomplished as
provided in this section. (1) CORPORATIONS. a. In the case of a corporation, other
than a nonprofit corporation, that is a party to a merger, a plan of merger must be approved
in accordance with the procedures and by the stockholder vote required by Article 11 of Chapter
2A. If the governing documents of the corporation provide for approval of a merger by less
than all of the corporation's stockholders, approval of the merger shall constitute corporate
action subject to appraisal rights pursuant to Article 13 of Chapter 2A, as applicable. No
merger of a corporation into a general or limited partnership may be effected without the
consent in writing of each stockholder who will have personal liability with respect to the
surviving entity, notwithstanding any provision in the governing documents of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-8.02.htm - 17K - Match Info - Similar pages
37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and
be sued in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure.
(3) To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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35-8A-307
Section 35-8A-307 Upkeep of condominiums. (a) Except to the extent provided by the declaration,
subsection (b), or Section 35-8A-313(h), the association is responsible for maintenance,
repair, and replacement of the common elements, and each unit owner is responsible for maintenance,
repair, and replacement of his or her unit. Each unit owner shall afford to the association
and the other unit owners, and to their agents or employees, access through his or her unit
reasonably necessary for those purposes. If damage is inflicted on the common elements, or
on any unit through which access is taken, the unit owner responsible for the damage, or the
association if it is responsible, is liable for the prompt repair thereof. (b) In addition
to the liability that a declarant as a unit owner has under this chapter, the declarant alone
is liable for all expenses in connection with real estate subject to development rights. No
other unit owner and no other portion of the condominium is subject to...
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35-8A-313
Section 35-8A-313 Insurance. (a) Commencing not later than the time of the first conveyance
of a unit to a person other than a declarant, the association shall maintain, to the extent
reasonably available: (1) Property insurance on the common elements insuring against all risks
of direct physical loss commonly insured against or, in the case of a conversion building,
against fire and extended coverage perils. The total amount of insurance after application
of any deductibles shall be not less than the greater of 80 percent of the actual cash value
of the insured property at the time the insurance is purchased or such greater percentage
of such actual cash value as may be necessary to prevent the applicability of any co-insurance
provision and at each renewal date, exclusive of land, excavations, foundations, and other
items normally excluded from property policies; and (2) Liability insurance, including medical
payments insurance, in an amount determined by the board but not less than...
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35-8A-304
Section 35-8A-304 Transfer of special declarant rights. (a) No special declarant right
specified in Section 35-8A-103(24) created or reserved under this chapter may be transferred
except by an instrument evidencing the transfer recorded in every county in which any portion
of the condominium is located. The instrument is not effective unless executed by the transferor
and the transferee in the same formality as a conveyance of real property. (b) Upon transfer
of any special declarant right, the liability of a transferor declarant is as follows: (1)
A transferor is not relieved of any obligation or liability arising before the transfer and
remains liable for warranty obligations imposed upon him or her by this chapter. Lack of privity
does not deprive any unit owner of standing to maintain an action to enforce any obligation
of the transferor. (2) If a successor to any special declarant right is an affiliate of a
declarant specified in Section 35-8A-103(1), the transferor is jointly and...
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33-4A-26
Section 33-4A-26 Bond of pilot - Preserving bonds, etc.; new bonds; actions on bonds;
liabilty. (a) The commissioners shall preserve on file all bonds and affidavits taken from
bar pilots, and, whenever they consider it necessary, may require a new bond to be executed.
The bar pilot's bond stands as security for any injury caused by the negligence or want of
skill of the bar pilot, and action may be brought thereon in the name of any person aggrieved.
(b) A bar pilot or apprentice providing bar pilot services to a vessel is not liable for more
than five thousand dollars ($5,000) for damage or loss to any person or property caused by
the bar pilot's or apprentice's error, omission, fault, or neglect in the performance of the
bar pilot services, unless one of the following applies: (1) The damage or loss was caused
because of the willful, intentional, or reckless misconduct of the bar pilot or apprentice.
(2) Liability exists for exemplary or punitive damages for willful, intentional, or...
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22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall
have the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling
agency, public or private, elected, appointed, or volunteer utilizing methods approved by
the health department or the department for the purpose of controlling and supervising the
collection or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material
other than earth used to cover a landfill or sanitary landfill. An alternative cover shall
be approved by the Department of Environmental Management in compliance with federal law and
United States Environmental Protection Agency rules or guidance to achieve a level of performance
equal to or greater than earthen cover material. (3) ASHES. The solid residue from burning
of wood, coal, coke, or other combustible material used for heating, from incineration of
solid wastes, or for the production of electricity at electric generating...
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