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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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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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35-8-16
Section 35-8-16 Liens against condominium property generally. (a) Except as otherwise
provided in Section 35-8-18, subsequent to recording the declaration as provided in
this chapter and while the property remains subject to this chapter, no lien shall arise or
be effective against the condominium property as a whole. During such period, liens or encumbrances
shall arise or be created only against each unit in the same manner and under the same conditions
in every respect as liens or encumbrances may arise or be created upon or against any other
separate parcel of real property subject to individual ownership; provided, that no labor
performed or materials furnished with the consent or at the request of a unit owner or his
agent, his contractor or subcontractor shall be the basis for the filing of a lien against
the unit or any other property of any other unit owner not expressly consenting to or requesting
the same, except that such express consent shall be deemed to be given by the...
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35-8-7
Section 35-8-7 Establishment of condominium property; contents of declaration. Condominium
property shall be established by recording a properly executed declaration as set forth in
Section 35-8-11. A declaration shall be executed with the formalities of a deed to
real property. It shall be executed by all persons having title of record or lien interests
of record to such real property, not including mineral interests, royalty interests, rights-of-way,
and easements. In addition to such other provisions as may be desired, not inconsistent with
this chapter, the declaration shall contain: (1) A statement submitting the property described
to the provisions of this chapter; (2) The name by which the condominium is to be identified,
which name shall include the word "condominium" or be followed by the words "a
condominium"; (3) A legal description of the land included; (4) Plans or other graphic
or narrative description of the property in sufficient detail to identify common elements,...
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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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35-8-13
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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35-8A-316
Section 35-8A-316 Lien for assessments. (a) The association has a lien on a unit for
any assessment and any other moneys due the association for special assessments or services
or charges, such as water or repairs, levied against that unit or fines imposed against its
unit owner from the time the assessment or fine becomes due. The association's lien may be
foreclosed in like manner as a mortgage on real estate provided the declaration is in conformity
with Article 1A of Chapter 10 of this title and subject to the rights under Article 14A of
Chapter 5 of Title 6. The association shall send reasonable advance notice of its proposed
action to the unit owner and all lienholders of record of the unit. Unless the declaration
otherwise provides, fees, charges, late charges, fines, and interest charged pursuant to Section
35-8A-302(a)(10), (11), and (12) are enforceable as assessments under this section.
If an assessment is payable in installments, the full amount of the assessment is a lien...
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35-8A-218
Section 35-8A-218 Termination of condominium. (a) Except in the case of a taking of
all the units by eminent domain specified in Section 35-8A-107, a condominium may be
terminated only by agreement of unit owners of units to which at least 80 percent of the votes
in the association are allocated, or any larger percentage the declaration specifies. The
declaration may specify a smaller percentage only if all of the units in the condominium are
restricted exclusively to nonresidential uses. (b) An agreement to terminate must be evidenced
by the execution of a termination agreement, or ratifications thereof, in the same manner
as a deed, by the requisite number of unit owners. The termination agreement must specify
a date after which the agreement will be void unless it is recorded before that date. A termination
agreement and all ratifications thereof must be recorded in every county in which a portion
of the condominium is situated, and is effective only upon recordation. (c) In the...
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35-8A-103
Section 35-8A-103 Definitions. In the declaration and bylaws, unless specifically provided
otherwise or the context otherwise requires, and in this chapter, the following terms are
defined as set forth below: (1) AFFILIATE OF A DECLARANT. Any person who controls, is controlled
by, or is under common control with a declarant. A person "controls" a declarant
if the person (i) is a general partner, officer, director, or employer of the declarant, (ii)
directly or indirectly or acting in concert with one or more other persons, or through one
or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing
more than 20 percent of the voting interest in the declarant, (iii) controls in any manner
the election of a majority of the directors of the declarant, or (iv) has contributed more
than 20 percent of the capital of the declarant. A person "is controlled by" a declarant
if the declarant (i) is a general partner, officer, director, or employer of the person,...
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10A-10-1.15
Section 10A-10-1.15 Merger. (a) For purposes of this section, the following words
shall have the respective meanings ascribed to them: (1) ALABAMA REAL ESTATE INVESTMENT TRUST.
A real estate investment trust organized in compliance with the provisions of this chapter.
(2) BUSINESS TRUST. a. An entity described in Section 10A-16-1.01. b. An unincorporated
trust or association, including an Alabama real estate investment trust, a common-law trust,
or a Massachusetts trust, which is engaged in business and in which property is acquired,
held, managed, administered, controlled, invested, or disposed of for the benefit and profit
of any person who may become a holder of a transferable unit of beneficial interest in the
trust. (3) DOMESTIC LIMITED LIABILITY COMPANY. A limited liability company as defined under
the Alabama Limited Liability Company Law. (4) DOMESTIC LIMITED PARTNERSHIP. A limited partnership
as defined under the Alabama Limited Partnership Law. (5) FOREIGN BUSINESS TRUST. A...
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