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35-8-2
Section 35-8-2 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) ASSOCIATION. The entity responsible
for the administration and management of the condominium property. (2) COMMON ELEMENTS. A
part or parts of the condominium property as set forth in the declaration in which all of
the unit owners have an undivided interest. (3) COMMON EXPENSES. The expenses arising out
of ownership of common elements for which the unit owners are liable to the association in
accordance with the declaration and bylaws. (4) COMMON SURPLUS. The excess of all receipts
of the association arising out of ownership of common elements over the amount of common expenses.
(5) CONDOMINIUM. The form of ownership of real or personal property or a combination thereof
under a declaration providing for ownership of units of the property by one or more owners.
Such units may consist of private elements together with an undivided...
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35-8-10
Section 35-8-10 Bylaws of association. The bylaws govern the administration and management
of the condominium property by the association. In addition to such other provisions as may
be desired, not inconsistent with this chapter or the declaration, the bylaws shall contain:
(1) The form of administration, indicating the titles of the officers and governing board
of the association, if any, and specifying the powers, duties, and manner of selection, removal,
and compensation, if any, of officers and board members. (2) The name and residence address
of the person designated as agent to receive service of process upon the association if the
association is not incorporated. Such agent must be a resident of this state. (3) The method
of calling meetings of unit owners, the percentage of unit owners or voting rights required
to make decisions regarding administration and management of the condominium property and
to constitute a quorum, but such bylaws may nevertheless provide that unit...
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35-8-18
Section 35-8-18 Blanket mortgage on condominium property. Notwithstanding any other provision
of this chapter, if the declaration or bylaws so permit, the entire condominium property or
some or all of the units included therein may be subject to a single or blanket mortgage constituting
a first lien thereon created by recordable instrument by all of the owners of the property
or units covered thereby; and any unit included under the lien of such mortgage may be sold
or otherwise conveyed or transferred subject thereto. The instrument creating any such mortgage
shall provide a method whereby any unit owner may obtain a release of his unit from the lien
of such mortgage and a satisfaction and discharge in recordable form upon payment to the holder
of the mortgage of a sum equal to the proportionate share attributable to his unit of the
then outstanding balance of unpaid principal and accrued interest and any other charges then
due and unpaid. Such proportionate share attributable to each...
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35-8A-315
Section 35-8A-315 Assessments for common expenses. (a) Until the association makes a common
expense assessment, the declarant must pay all common expenses. After any assessment has been
made by the association, assessments must be made at least annually, based on a budget adopted
at least annually by the association. (b) Except for assessments under subsections (c), (d),
and (e), all common expenses must be assessed against all the units in accordance with the
allocations set forth in the declaration pursuant to Section 35-8A-207(a) and (b). Any past
due common expense assessment or installment thereof bears interest at the rate established
by the association not exceeding 18 percent per year. (c) To the extent required by the declaration:
(1) Any common expense associated with the maintenance, repair, or replacement of a limited
common element must be assessed against the units to which that limited common element is
assigned, equally, or in any other proportion that the declaration...
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35-8A-107
Section 35-8A-107 Eminent domain. (a) If a unit is acquired by eminent domain, or if part of
a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically
or lawfully be used for any purpose permitted by the declaration, the award must compensate
the unit owner for the unit and its interest in the common elements, whether or not any common
elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's
allocated interests are automatically reallocated to the remaining units in proportion to
the respective allocated interests of those units before the taking, and the association shall
promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations.
Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter
a common element. (b) Except as provided in subsection (a), if part of a unit is acquired
by eminent domain, the award must compensate the unit...
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40-10-11
Section 40-10-11 Decree of sale. If service of such notice is perfected 10 days before the
commencement of the term to which the same is returnable, the cause shall stand for trial
at such term; and if no defense is interposed or if interposed and on trial thereof the same
is adjudged insufficient in law or is not sustained by the evidence adduced, the probate court
shall make and enter on such book or docket, a decree of sale substantially in the following
form: "It appearing to the court that the taxes have been assessed against the person
mentioned in this cause (or if the assessment is to owner unknown that the taxes have been
assessed on real estate mentioned in this cause) to the amount of (state amount here) dollars
for the year ___, and that the same are still due and unpaid or have been paid by the holder
of a tax lien certificate, and it further appearing that notice of this proceeding has been
given as required by law, and no valid defense has been interposed against...
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35-8A-403
Section 35-8A-403 Offering statement - General provisions. (a) Except as provided in subsection
(b), an offering statement must contain or fully and accurately disclose the following information
with regard to the condominium, including a proposed condominium: (1) The name and principal
address of the declarant; (2) The name and the address, legal description, or other description
of the location of the condominium, and the number and types of units in the condominium;
(3) A general description of the condominium, including to the extent possible, number and
types of buildings, structures, and amenities the declarant is obligated to build, and declarant's
schedule of commencement and completion of construction of buildings, structures, and amenities
the declarant is obligated to include in the condominium; (4) Copies of the declaration, as
well as any recorded plats, plans, easements, covenants, conditions, restrictions, and reservations
affecting the condominium; the certificate or...
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11-40-62
Section 11-40-62 Definitions. As used in this article, the following words and phrases shall
have the following meanings: (1) INTERESTED PARTY. Includes the following parties: a. The
person who last appears as owner of the real property in the county office of the judge of
probate's property records. b. The current mortgagee of record of the property or assignee
of record of the mortgagee. c. The current holder of a beneficial interest in a deed of trust
recorded against the real property. d. A tax certificate holder. e. A tax sale purchaser that
holds a deed of purchase in accordance with Section 40-10-29. f. Any party having an interest
in the real property, or in any part thereof, legal or equitable, in severalty or as tenant
in common, whose identity and addresses are reasonably ascertainable from the records of the
Class 2 municipality or records maintained in the county office of the judge of probate or
as revealed by a full title search, consisting of 50 years or more. g. An...
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34-27-50
Section 34-27-50 Definitions. For the purposes of this article, the following terms shall have
the meaning respectively ascribed to them by this section: (1) ACCOMMODATIONS. Any hotel or
motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any other private
or commercial structure designed for occupancy by one or more individuals or any recreational
vehicle campsite or campground. (2) BUSINESS ENTITY. Any individual, corporation, firm, association,
joint venture, partnership, trust, estate, business trust, syndicate, fiduciary, and any other
group or combination which engages in acts or practices in any trade or commerce. (3) CONTRACT.
Any contract, promissory note, credit agreement, negotiable instrument, lease, use agreement,
license, security, or other muniment conferring on the purchaser the rights, benefits, and
obligations of a vacation time-sharing plan. (4) COMMISSION. The Alabama Real Estate Commission.
(5) COMMISSIONER. A member of the Alabama Real Estate...
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11-54B-9
Section 11-54B-9 Collection of special assessment; procedures; claim of lien; interest, penalties,
and fees. (a) A self-help business improvement district ordinance shall provide that the special
assessment levied on the owners of the real property located within the geographical area
of the district shall be collected by the district management corporation. The collection
procedures utilized by the district management corporation shall include the mailing of a
notice of the special assessment to the person shown as owner of the property on the records
of the tax assessor in the following manner: (1) After October 1 of each year, the district
management corporation may levy the special assessment for services to be provided during
the following calendar year. (2) The assessment shall be due on December 1 and delinquent
on January 1 following the October levy. (3) Upon delinquency, interest and penalties may
be assessed in the amounts provided in subsection (d). (b) Notwithstanding...
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