35-8-8
Section 35-8-8 Unit deeds and other instruments. (a) Prior to the conveyance of any unit, plans or other graphic description, certified by a licensed or registered engineer or architect, in sufficient detail to identify the common elements, limited common elements, and private elements comprising such unit as built, shall be recorded as a part of the declaration or as an amendment thereto. Such unit shall be identified by assigning a distinctive letter, number, or other means of identification by which it may be separately identified from the other units. Where the plans or other graphic description of two or more elements of any unit or units are identical, a single plan or other graphic description of such elements shall be sufficient to satisfy the requirements of this chapter. (b) Prior to the conveyance of any unit, a copy of the bylaws and any amendments thereto shall be recorded in the same public records as the declaration and amendments thereto. (c) A deed, mortgage, lease, or...
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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-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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35-8A-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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35-8-6
Section 35-8-6 Common and limited common elements. (a) The undivided interest in the common elements and limited common elements or the method for determining such interests shall be set forth in the declaration. (b) Any conveyance, lease, devise, or other disposition or mortgage or encumbrance of any unit shall extend to and include such undivided interest in the common and limited common elements, whether or not expressly referred to in the instrument effecting the same. (c) The common elements and limited common elements shall remain undivided from the condominium property and shall not be the object of an action for partition or division unless the condominium property is removed from the provisions of this chapter as provided in Section 35-8-20. Nothing in this chapter shall be construed as a limitation on partition of individual interests in a unit or units by co-owners of such unit or units. (d) The undivided interest of each unit owner in the common elements and limited common...
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35-8A-208
Section 35-8A-208 Limited common elements. (a) Except for the limited common elements described in Section 35-8A-202(2) and (4), the declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without the consent of the association and the unit owners whose units are affected by the amendment. (b) Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. The association shall prepare, execute, and record the amendment which is subject to Section 35-8A-217(e), and the cost shall be borne by the unit owners executing the amendment. The amendment shall be recorded and indexed in the names of the unit owners executing the amendment, the condominium, and the association. (c) A common element not previously allocated as a limited common element may not be so allocated except...
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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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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-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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31-9-40
Section 31-9-40 Compact adopted and enacted. The Emergency Management Assistance Compact is enacted into law and entered with all jurisdictions mutually adopting the compact in the form substantially as follows: THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT Article I - Purpose and Authorities. This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purpose of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions. The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state or states, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders,...
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