35-8A-207
Section 35-8A-207 Allocation of common element interests, votes, and common expense liabilities.
(a) The declaration must allocate to each unit in a condominium a fraction or percentage of
undivided interests in the common elements and in the common expenses of the association specified
in section 35-8A-315(a), and a portion of the votes in the association, to each unit and state
the formulas used to establish allocations of interest. Those allocations may not discriminate
in favor of units owned by the declarant or an affiliate of the declarant. (b) If units may
be added to or withdrawn from the condominium, the declaration must state the formulas to
be used to reallocate the allocated interests among all units included in the condominium
after the addition or withdrawal. (c) The declaration may provide: (i) that different allocations
of votes shall be made to the units on particular matters specified in the declaration; (ii)
for cumulative voting only for the purpose of electing...
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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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35-8-5
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-312
Section 35-8A-312 Conveyance or encumbrance of common elements. (a) In a condominium portions
of the common elements may be conveyed or subjected to a security interest by the association
if persons entitled to cast at least 80 percent of the votes in the association, including
80 percent of the votes allocated to units not owned by a declarant, or any larger percentage
the declaration specifies, agree to that action; but all the owners of units to which any
limited common element is allocated must agree in order to convey that limited common element
or subject it to a security interest. The declaration may specify a smaller percentage only
if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale
or loan are an asset of the association. (b) An agreement to convey common elements in a condominium
or subject them to a security interest must be evidenced by the execution of an agreement,
or ratifications thereof, in the same manner as a deed, by the...
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35-8-9
Section 35-8-9 Duties and responsibilities of association for administration and management
of property. The association provided for by the declaration shall be responsible for the
administration and management of the condominium property in accordance with this chapter,
the declaration, and the bylaws. The association may be incorporated or unincorporated. All
unit owners will be stockholders or members. Unless otherwise provided in the declaration,
the association, acting through its officers or governing board, shall have the powers enumerated
below: (1) The association may maintain, repair, replace, clean, and sanitize the common and
limited common elements. (2) The association may assess and collect funds and may pay for
common expenses and limited common expenses out of such funds as are appropriate. (3) In addition
to the enforcement of the covenants and restrictions concerning use, occupancy, and transfer
of units which are included in the declaration pursuant to section...
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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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35-8A-209
Section 35-8A-209 Plats and plans. (a) A clear and legible plat of the condominium property
and plans, if required under subsection (d), shall be recorded in the office of the judge
of probate in every county in which any portion of the condominium is located and shall contain
a certification that the plat and plans, if any contain all information required by this section.
If the plat contains all of the information described in subsections (b), (c), (d), and (g),
plans are not required. The recorded plan and plans are part of the declaration. (b) Each
plat must show: (1) The name of the condominium and a survey of the real property included
in the condominium; (2) The location and dimensions of all existing improvements located on
the condominium property; (3) The location and dimensions of any real estate subject to development
rights reserved over any part of the condominium property, labeled to identify the rights
applicable to each identified portion, but the plat need not...
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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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35-8A-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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