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35-8A-205
Section 35-8A-205 Contents of declaration. (a) The declaration for a condominium must contain:
(1) The name of the condominium, which must include the word "condominium" or be
followed by the words "a condominium," and the name of the association; (2) The
name of every county in which any part of the condominium is situated; (3) A legally sufficient
description of the real estate included in the condominium; (4) A statement of the maximum
number of units which the declarant reserves the right to create; (5) A description of the
boundaries of each unit created by the declaration, including the unit's identifying number;
(6) A description of any limited common elements, other than those specified in Section 35-8A-202(2)
and (4), as provided in Section 35-8A-209(b)(10); (7) A description of any common elements
(except real estate subject to development rights) which may be allocated subsequently as
limited common elements, other than limited common elements specified in Section...
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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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35-8A-317
Section 35-8A-317 Other liens affecting the condominium. (a) Except as provided in subsection
(b), a judgment for money against the association if recorded is not a lien on the common
elements, but is a lien in favor of the judgment lienholder against all of the units in the
condominium at the time the judgment was entered. No other property of a unit owner is subject
to the claims of creditors of the association. (b) If the association has granted a security
interest in the common elements to a creditor of the association pursuant to Section 35-8A-312,
the holder of that security interest shall exercise its right against the common elements
before its judgment lien on any unit may be enforced. (c) Whether perfected before or after
the creation of the condominium, if a lien other than a deed of trust or mortgage, including
a judgment lien or lien attributable to work performed or materials supplied before creation
of the condominium, becomes effective against two or more units, the...
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35-19-2
Section 35-19-2 Definitions. The following terms shall have the following meanings: (1) ACTIVITY
AND USE LIMITATIONS. Restrictions or obligations created under this chapter with respect to
real property. (2) AGENCY or DEPARTMENT. The Alabama Department of Environmental Management.
(3) COMMON INTEREST COMMUNITY. A condominium, cooperative, or other real property with respect
to which a person, by virtue of the person's ownership of a parcel of real property, is obligated
to pay property taxes or insurance premiums, or for maintenance, or improvement of other real
property described in a recorded covenant that creates the common interest community. (4)
DIRECTOR. The Director of the Alabama Department of Environmental Management or his or her
designated representative. (5) ENVIRONMENTAL COVENANT. A servitude arising under an environmental
response project that imposes activity and use limitations. (6) ENVIRONMENTAL RESPONSE PROJECT.
A plan or work performed for environmental remediation...
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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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40-23-1
F.O.B. point and regardless of who selects the method of transportation, and regardless of
by whom or the method by which freight, postage, or other transportation charge is paid. Provided
further that, where billed as a separate item to and paid by the purchaser, the freight, postage,
or other transportation charge paid to a common carrier or the U.S. Postal Service is not
a part of the selling price. (6) GROSS PROCEEDS OF SALES. The value proceeding or accruing
from the sale of tangible personal property, and including the proceeds from the sale
of any property handled on consignment by the taxpayer, including merchandise of any kind
and character without any deduction on account of the cost of the property sold, the cost
of the materials used, labor or service cost, interest paid, any consumer excise taxes that
may be included within the sales price of the property sold, or any other expenses whatsoever,
and without any deductions on account of losses; provided, that cash...
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11-50A-8
and of the parties thereto; (2) To adopt and alter a corporate seal; (3) To make and alter
at pleasure all needful bylaws, rules, and regulations for the transaction of its business
and the control of its property and affairs; (4) To have the same right of eminent domain
through condemnation conferred by Section 10-5-1, or any subsequent statute of similar import;
provided that nothing herein shall be construed to grant to the authority the power to acquire
by condemnation any real or personal property or right-of-way of any utility as the
term "utility" is defined in Section 37-4-1(7)a.; (5) To acquire in its own name
by purchase on such terms and conditions and in such manner as it may deem proper, or by exercise
of the power of eminent domain, or by gift, grant, lease, or otherwise, real property or rights
and easements therein and franchises and personal property necessary or convenient
for its corporate purposes; and to insure its property against any and all risks with...
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13A-8-1
7-9A-102(a)(28), in respect of property in which the secured party has a security interest,
as defined in Section 7-1-201(37). (10) PROPELLED VEHICLE. Any propelled device in, upon,
or by which any person or property is transported on land, water, or in the air, and such
term includes motor vehicles, motorcycles, motorboats, aircraft, and any vessel propelled
by machinery, whether or not that machinery is the principal source of propulsion. (11) PROPERTY.
Any money, tangible or intangible personal property, property (whether real or personal)
the location of which can be changed (including things growing on, affixed to, or found in
land and documents, although the rights represented hereby have no physical location), contract
right, chose-in-action, interest in a claim to wealth, credit, or any other article or thing
of value of any kind. Commodities of a public utility nature, such as gas, electricity, steam,
and water, constitute property, but the supplying of such a commodity to...
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37-6-3
pledge, or otherwise dispose of or encumber electric transmission and distribution lines or
systems, electric generating plants, electric refrigeration plants, water lines, sanitary
sewer lines, water systems, and sanitary sewer systems, television reception equipment through
the use of television program decryption equipment and subscriber owned, leased, or rented
satellite dishes, lands, buildings, structures, dams, plants, and equipment and any and all
kinds and classes of real or personal property whatsoever, which shall be deemed necessary,
convenient or appropriate to accomplish the purpose for which the cooperative was organized
or in which it subsequently lawfully engages. Electric generating plants, transmission, and
distribution lines or systems as referred to in this section shall include any arrangement
or agreement for the purchase, exchange, or transmission of electric power, capacity or energy,
whether sole or as joint owner of all or any part in common with one...
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11-50A-1
this chapter and any successor or successors thereto. (2) BOARD. The board of directors of
the authority. (3) BONDS. Any bonds issued by the authority under the provisions of this chapter,
including refunding bonds. (4) BOND ANTICIPATION NOTES. Short term obligations issued by the
authority in anticipation of the issuance of bonds. (5) COSTS. All costs of acquisition, construction,
reconstruction, improvement, equipment, alteration, repair, or extension of any project; all
costs of real and personal property required for the purposes of any project, including
any rights or undivided interest therein; all costs of easements, franchises, water rights,
fees, permits, approvals, licenses, and certificates, and all costs of securing any permits,
approvals, licenses, and certificates, and preparing applications therefor; all costs of machinery
and equipment, including equipment for use in connection with construction; all costs of the
initial fuel supply or additional fuel inventories...
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