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-413
Section 35-8A-413 Express warranties. (a) Express warranties made by the declarant, an affiliate
of the declarant, or any person in the business of selling real estate for his or her own
account, to a purchaser of a unit, if relied upon by the purchaser, are created as follows:
(1) Any affirmation of material fact or material promise which relates to the unit, its use,
or rights appurtenant thereto, improvements to the condominium that would directly benefit
the unit, or the right to use or have the benefit of facilities not located in the condominium,
creates an express warranty that the unit and related rights and uses will conform to the
affirmation or promise; (2) Any model or description of the physical characteristics of the
condominium, including plans and specifications of or for improvements, creates an express
warranty that the condominium will substantially conform to the model or description; (3)
Any description of the quantity or extent of the real estate comprising the...
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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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35-8A-305
Section 35-8A-305 Termination of contracts and leases of declarant. If entered into before
the board elected by the unit owners pursuant to Section 35-8A-303(f) takes office: (i) any
management contract, employment contract, or lease of recreational or parking areas or facilities;
(ii) any other contract or lease between the association and a declarant or an affiliate of
a declarant; or (iii) any contract or lease that is not bona fide or was unconscionable to
the unit owners at the time entered into under the circumstances then prevailing, may be terminated
without penalty by the association during the current term of the contract or lease after
the board elected by the unit owners pursuant to Section 35-8A-303(f) takes office upon not
less than 90 days' notice to the other party. This section does not apply to any lease the
termination of which would terminate the condominium or reduce its size, unless the real estate
subject to that lease was included in the condominium for the...
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35-8A-412
Section 35-8A-412 Conversion buildings. (a) A declarant of a condominium containing conversion
buildings, and any person in the business of selling real estate for his or her own account
who intends to offer units in such a condominium shall give each of the residential tenants
and any residential subtenant in possession of a portion of a conversion building notice of
the conversion no later than 60 days before the tenants and any subtenant in possession are
required to vacate. The notice must set forth generally the rights of tenants and subtenants
under this section and shall be hand-delivered to the unit or mailed by prepaid United States
mail to the tenant and subtenant at the address of the unit or any other mailing address provided
by a tenant. No tenant or subtenant may be required to vacate upon less than 60 days' notice,
except by reason of nonpayment of rent, waste, or conduct that disturbs other tenants' peaceful
enjoyment of the premises, and the terms of the tenancy may...
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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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35-8A-211
Section 35-8A-211 Alterations of units. Subject to the provisions of the declaration and other
provisions of law, a unit owner: (1) May make any improvements or alterations to his or her
unit that do not impair the structural integrity, or mechanical systems, or lessen the support
of any portion of the condominium; (2) May not substantially or adversely change the appearance
of the common elements, or the exterior appearance of a unit or any other portion of the condominium,
without permission of the association; (3) After acquiring an adjoining unit, or an adjoining
part of an adjoining unit, may remove or alter any intervening partition or create apertures
therein, even if the partition in whole or in part is a common element, if those acts do not
impair the structural integrity or mechanical systems or lessen the support of any portion
of the condominium. Removal of partitions or creation of apertures under this subdivision
is not an alteration of boundaries. (Acts 1990, No. 90-551,...
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35-8A-206
Section 35-8A-206 Leasehold condominiums. (a) Any lease the expiration or termination of which
may terminate the condominium or reduce its size shall be recorded. Every lessor of those
leases must sign the declaration, and the declaration must state: (1) The recording data for
the lease, the date of the lease, and the date of its recordation; (2) The date on which the
lease is scheduled to expire; (3) A legally sufficient description of the real estate subject
to the lease; (4) Any right of the unit owners to redeem the reversion and the manner whereby
those rights may be exercised, or a statement that they do not have those rights; (5) Any
right of the unit owners to remove any improvements within a reasonable time after the expiration
or termination of the lease, or a statement that they do not have those rights; and (6) Any
rights of the unit owners to renew the lease and the conditions of any renewal, or a statement
that they do not have those rights. (b) After the declaration for...
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37-9-20
Section 37-9-20 Certificates for common carriers and permits for contract carriers - Contents;
terms, conditions and limitations; effective date; duration; charter flights; emergency landings,
etc. (a) Each certificate issued under this chapter shall specify the points between which,
or areas within which the person is authorized to engage in operations as a common carrier
by aircraft, the services to be rendered and, in the case of carriage of goods, the commodity
or commodities authorized to be transported. There shall be attached to the exercise of the
privileges granted by such certificate, or amendment thereto, such reasonable terms, conditions
and limitations as the public interest may require; except, that no term, condition or limitation
shall restrict the right of the common carrier by aircraft to add to or change schedules,
equipment, accommodations and facilities for performing the authorized transportation and
service as the development of the business and the demands of...
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40-15B-3
Section 40-15B-3 Apportionment by will or other dispositive instrument. (a) Except as otherwise
provided in subsection (c), the following rules apply: (1) To the extent that a provision
of a decedent's will expressly and unambiguously directs the apportionment of an estate tax,
the tax must be apportioned accordingly. (2) Any portion of an estate tax not apportioned
pursuant to paragraph (1) must be apportioned in accordance with any provision of a revocable
trust of which the decedent was the settlor which expressly and unambiguously directs the
apportionment of an estate tax. If conflicting apportionment provisions appear in two or more
revocable trust instruments, the provision in the most recently dated instrument prevails.
For purposes of this paragraph: (A) a trust is revocable if it was revocable immediately after
the trust instrument was executed, even if the trust subsequently becomes irrevocable; and
(B) the date of an amendment to a revocable trust instrument is the date of...
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