Code of Alabama

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32-7A-2
Section 32-7A-2 Definitions. (a) For the purposes of this chapter, the following terms shall
have the following meanings respectively ascribed to them in this section, except in those
instances where the context clearly indicates a different meaning: (1) CERTIFICATE OF INSURANCE.
A document issued by an insurer or its authorized representative showing that a specific vehicle
is insured for no less than the minimum limits of liability coverage for bodily injury
or death and for destruction of property under subsection (c) of Section 32-7-6. (2) COMMERCIAL
AUTOMOBILE LIABILITY INSURANCE POLICY. An insurance policy that: a. Is written on either a
commercial coverage or other commercially rated personal policy form, including, but
not limited to, a commercial auto, garage, or truckers form, and is not dependent on the type,
number, or ownership of vehicle or entity covered or insured. b. Insures vehicles that are
not identified individually by vehicle identification number on the policy....
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37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. §1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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35-8-13
Section 35-8-13 Common expenses and limited common expenses. The common expenses and limited
common expenses shall be charged to unit owners in such amount that the charge corresponds
approximately to their respective undivided interests in the common elements and limited common
elements as set forth or determined by the declaration and amendments thereto. The amount
of such expenses charged to each unit shall be a lien against such unit subject to the provisions
of Section 35-8-17. A unit owner shall, by acceptance of title, be conclusively presumed to
have agreed to pay his proportionate share of such expenses accruing while he is the owner
of a unit. However, the liability of a unit owner for such expenses shall be limited to amounts
duly assessed in accordance with this chapter, the declaration, and bylaws. No unit owner
may exempt himself from liability for his share of such expenses arising out of common elements
and limited common elements in which he has an interest by waiver...
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35-8-14
Section 35-8-14 Prohibited work. There shall be no material alteration of or substantial addition
to the common elements or limited common elements except as authorized by the declaration.
No unit owner shall contract for or perform any maintenance, repair, replacement, removal,
alteration, or modification of the common elements, or limited common elements, or any additions
thereto, except through the association and its officers. No unit owner shall take or cause
to be taken any action within his unit which would jeopardize the soundness or safety of any
part of the condominium property or impair any easement or right of any unit owner or affect
the common elements, or limited common elements, without the unanimous consent of all unit
owners who might be affected thereby. (Acts 1964, 1st Ex. Sess., No. 206, p. 266, §8; Acts
1973, No. 1059, p. 1732, §14.)...
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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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9-13-184
Section 9-13-184 Participation by county commissions in fire protection program of State Forestry
Commission - Assessments against owners of forestlands for costs - Time and manner of payment;
reports to tax assessors; lien on property for payment. Any assessment fixed as provided in
Section 9-13-183 shall be payable at the same time and in the same manner as county taxes,
and the owner of the forestlands, as defined in this division, in those counties becoming
subject to the provisions of this division shall make report of same to the tax assessor of
the county at the time fixed by law for making return of other property of such property owner.
Assessments made pursuant to this division shall constitute a lien on the property against
which they are assessed and, in case of default in the payment of such assessments, the land
may be sold in the same manner and under the same conditions that lands are sold for the satisfaction
of liens for county taxes. (Acts 1955, No. 552, p. 1208,...
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35-8-6
Section 35-8-6 Common and limited common elements. (a) The undivided interest in the common
elements and limited common elements or the method for determining such interests shall be
set forth in the declaration. (b) Any conveyance, lease, devise, or other disposition or mortgage
or encumbrance of any unit shall extend to and include such undivided interest in the common
and limited common elements, whether or not expressly referred to in the instrument effecting
the same. (c) The common elements and limited common elements shall remain undivided from
the condominium property and shall not be the object of an action for partition or division
unless the condominium property is removed from the provisions of this chapter as provided
in Section 35-8-20. Nothing in this chapter shall be construed as a limitation on partition
of individual interests in a unit or units by co-owners of such unit or units. (d) The undivided
interest of each unit owner in the common elements and limited common...
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11-81-246
Section 11-81-246 Assessment lien; enforcement. (a) An assessment under this article and any
interest or penalties on the assessment: (1) Is a lien against the real property on which
the assessment is imposed from the date on which the notice of contractual assessment is recorded.
(2) Subject to the requirement in Section 11-81-245(a)(1) to obtain and record in the proper
recording office an executed consent and subordination agreement from existing mortgagees
and other lienholders, has the same priority status as a lien for any other ad valorem or
non-ad valorem tax. (3) Is a lien that runs with the real property, and the portion of the
assessment under the assessment contract that has not yet become due is not eliminated by
foreclosure of a property tax lien. (b) The assessment lien may be enforced by the local government
in the same manner that an ad valorem or non-ad valorem tax lien against real property may
be enforced by the local government with all redemption rights provided...
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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
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35-8A-409
Section 35-8A-409 Resales of units. (a) Except in the case of a sale where delivery of an offering
statement is required, or unless exempt under Section 35-8A-401(b), a unit owner upon written
request by a purchaser of a unit previously disposed of, which written request must be made
within 14 days of the date the purchaser signs the contract with a purchaser, shall furnish
to a purchaser before the conveyance and in any event within 15 days of receipt of the written
request, a copy of the declaration, the bylaws, the rules, and the regulations of the association,
and a certificate containing: (1) A statement setting forth the amount of the periodic common
expense assessment; (2) A statement setting forth the amount of any unpaid common expense
or special assessments against the unit either past due or then due owing; (3) A statement
of any other assessments or fees assessed against the unit or the unit owner either past due
or then due and owing; (4) The most recent regularly prepared...
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