Code of Alabama

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35-8A-213
Section 35-8A-213 Subdivision of units. (a) If the declaration expressly so permits, a unit
may be subdivided into two or more units. Subject to the provisions of the declaration and
other provisions of law, upon application of a unit owner to subdivide a unit, the association
shall prepare, execute, and record an amendment to the declaration, including the plats and
plans, subdividing that unit. (b) The amendment to the declaration must be executed by the
owner of the unit to be subdivided, assign an identifying number to each unit created, and
reallocate the allocated interests formerly allocated to the subdivided unit to the new units
in any reasonable manner prescribed by the owner of the subdivided unit. (c) Any costs incurred
utilizing the procedures described in subsections (a) and (b) above shall be borne by the
requesting unit owners. (Act 1990, No. 90-551, p. 858, §2-113.)...
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35-8A-318
Section 35-8A-318 Association records. The association shall keep financial records sufficiently
detailed to enable the association to comply with Section 35-8A-409. All financial and other
records shall be made reasonably available for examination by any unit owner and his or her
authorized agents and such records shall be made available in the county where the condominium
is located. A reasonable fee or hourly charge may be assessed for this service. (Acts 1990,
No. 90-551, p. 858, §3-118; Act 2018-403, §1.)...
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35-8-5
Section 35-8-5 Unit ownership, possession, and enjoyment. Any unit may be held and owned by
one or more persons in any form of ownership, real estate tenancy, or relationship recognized
under the laws of this state. A unit may be used for residential, commercial, industrial,
professional, or any other use not prohibited by law. There shall be included with each unit
the following: (1) The private elements as set forth in the declaration. (2) An undivided
interest in such limited common elements as may be set forth in the declaration. (3) The right
of ownership and to exclusive use and possession of such private elements. (4) The right to
use such common elements and limited common elements in accordance with the declaration and
bylaws, but consistent with the lawful rights of other unit owners. (5) An exclusive easement
for the use of any air space occupied by the private elements as they exist at any particular
time and as they may lawfully be altered or reconstructed from time to...
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35-8A-202
Section 35-8A-202 Unit boundaries. Except as provided by the declaration: (1) If walls, floors,
or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard,
plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting
any part of the finished surfaces thereof are a part of the unit, and all other portions of
the walls, floors, or ceilings are a part of the common elements. (2) If any chute, flue,
duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within
and partially outside the designated boundaries of a unit, any portion thereof serving only
that unit is a limited common element allocated solely to that unit, and any portion thereof
serving more than one unit or any portion of the common elements is a part of the common elements.
(3) Subject to the provisions of subdivision (2), all spaces, interior partitions, and other
fixtures and improvements within the boundaries of a...
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35-7-7
Section 35-7-7 Action to recover costs and expenses. If one joint owner or tenant in common
of a partition fence, after 10 days' notice from other joint owners or tenants in common of
such partition fence to assist or join with them in the erection of a partition fence, shall
fail or refuse to assist in the erection, repair, or maintaining, and fail or refuse to pay
his pro rata or aliquot part of the costs and expenses of erecting, repairing, or maintaining
such fence, he shall be liable to the other joint owners or tenants in common of such fence
for his pro rata or aliquot part of the costs and expenses of erecting, repairing, or maintaining
such fence, to be recovered in any court having jurisdiction of such action. In all such trials,
however, the propriety, necessity, as well as the amount for erecting, repairing, and maintaining
shall be questions for the determination of the court or jury trying the case; the object
and purpose of the law being that each joint owner or tenant...
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35-8A-217
Section 35-8A-217 Amendment of declaration. (a) Except in cases of amendments that may be executed
by a declarant under section 35-8A-209(f) or 35-8A-210; the association under section 35-8A-107,
35-8A-206(d), 35-8A-208(c), 35-8A-212(a), or 35-8A-213; or by certain unit owners under section
35-8A-208(b), 35-8A-212(a), 35-8A-213(b), or 35-8A-218(b), and except as limited by subsection
(d), the declaration, including the plats and plans, may be amended only by the affirmative
vote or agreement of unit owners of units to which at least two-thirds of the votes in the
association are allocated, or any larger majority the declaration specifies. The declaration
may specify a smaller number only if all of the units are restricted exclusively to non-residential
use. (b) No action to challenge the validity of an amendment adopted by the association pursuant
to this section may be brought more than one year after the amendment is recorded. (c) Every
amendment to the declaration must be recorded...
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2-10-55
Section 2-10-55 Who may become members or stockholders. Under the terms and conditions prescribed
in its bylaws, an association may admit as members (or issue common stock to) only persons
or associations or corporations composed solely of persons engaged in the production of the
agricultural products to be handled by or through the association, including the lessees and
tenants of land used for the production of such products and any lessors and landlords who
receive as rent all or part of the crop raised on the leased premises. Any such persons or
associations of persons or corporations may be citizens of or organized under the laws of
this state or any other state of the United States and shall handle such agricultural products
for members only. (Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7132; Acts 1927, No.
21, p. 28; Code 1940, T. 2, §90.)...
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2-10-97
Section 2-10-97 Membership. Under the terms and conditions prescribed in its bylaws, an association
may admit as members or issue common stock or certificates of membership only to persons engaged
in the production of agricultural products, including the lessees and tenants of land used
for the production of such products and lessors and landlords who receive as rent part of
the crops raised on the leased premises. If a member of a nonstock association shall be other
than a natural person, such member may be represented by an individual, associate, officer,
manager or member thereof duly authorized in writing. All membership shall be personal to
the member and equal in right and shall not be transferable, assignable, vendable, inheritable,
devisable or seizable, and each member shall have one vote only. (Acts 1935, No. 220, p. 604;
Code 1940, T. 2, §121.)...
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22-27-60
Section 22-27-60 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE SEPTEMBER 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. As used in this article,
the following terms shall have the following meanings: (1) LENDER. A person who holds a mortgage,
lien, deed of trust, or other security interest in property. The term includes an assignee,
receiver, or other transferee of the interest. (2) RESIDENTIAL REAL PROPERTY. Any of the following:
a. A single-family house. b. A duplex, triplex, or quadraplex. c. A unit in a multi-unit residential
structure in which title to an individual unit is transferred to the owner of the unit under
a condominium or cooperative system. (Act 2019-460, §1.)...
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27-22-60
Section 27-22-60 Definitions. As used in this article, the following terms shall have the following
meanings: (1) LENDER. A person who holds a mortgage, lien, deed of trust, or other security
interest in property. The term includes an assignee, receiver, or other transferee of the
interest. (2) RESIDENTIAL REAL PROPERTY. Any of the following: a. A single-family house. b.
A duplex, triplex, or quadraplex. c. A unit in a multi-unit residential structure in which
title to an individual unit is transferred to the owner of the unit under a condominium or
cooperative system. (Act 2019-460, §1.)...
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