Code of Alabama

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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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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-203
Section 35-8A-203 Construction and validity of declaration and bylaws. (a) All provisions of
the declaration and bylaws are severable. (b) The rule against perpetuities may not be applied
to defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant
to section 35-8A-302(a)(1). (c) In the event of a conflict between the provisions of the declaration
and the bylaws, the declaration prevails except to the extent the declaration is inconsistent
with this chapter. (d) Title to a unit and common elements is not rendered unmarketable or
otherwise affected by reason of an insubstantial failure of the declaration to comply with
this chapter. The determination of whether a substantial failure impairs marketability is
not governed by this chapter. (Acts 1990, No. 90-551, p. 858, §2-103.)...
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45-40-91
Section 45-40-91 Industrial Development Board; Lawrence County Airport Authority. (a) All power
and authority granted to Lawrence County pursuant to Amendment 190 to the Constitution of
Alabama of 1901, or to any public authority or corporation created by Lawrence County pursuant
to Amendment 190 of the Constitution of Alabama of 1901, shall be consolidated into the Industrial
Development Board of Lawrence County, governed by a board of directors, for the unified economic
development of the county. The public authority or corporation shall have all the power and
authority and assume all of the obligations of public authority or corporation created pursuant
to Article 2, commencing with Section 11-20-30, Chapter 20 of Title 11. The board of directors
of the county public authority or corporation shall be composed of one member appointed by
each member of the county legislative delegation and three members appointed by the county
commission. One member of the board of directors shall be...
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11-51-90.3
Section 11-51-90.3 Limitation on imposition of business license tax on rental of residential
real estate. (a) Notwithstanding anything in this chapter to the contrary, a municipality
may not impose a business license tax on the rental of residential real estate on a per unit
basis unless the municipality was imposing a business license tax on residential real estate
on a per unit basis prior to January 1, 2014. (b) As used in this section, the term "business
license tax" does not include a privilege or license tax in the nature of a lodging tax.
This section shall not be construed to prohibit a municipality or related municipal board
or entity from imposing fees on commercial or residential developments or projects within
the jurisdiction of the municipality. This section shall not apply to an Alabama improvement
district organized pursuant to Chapter 99A of this title, a capital improvement cooperative
district organized pursuant to Chapter 99B of this title, an industrial development...
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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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11-61-1
Section 11-61-1 Definitions. Unless the context plainly indicates otherwise, the following
words and terms shall have the following meanings herein ascribed to them: (1) GOVERNING BODY.
The body in which the general legislative power of a town or city is vested. (2) PARKING FACILITY.
Any building, structure, land, leasehold estate, interest in land, right-of-way, equipment,
or facility used or useful in connection with the construction, enlargement, development,
maintenance, or operation of any area or building for off-street parking of motor vehicles.
(Acts 1978, No. 96, p. 131, §1.)...
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35-8-20
Section 35-8-20 Termination of condominium. (a) The condominium property may be removed from
the provisions of this chapter provided that all unit owners agree and all holders of record
of liens affecting any of the units consent or agree, in either case by instruments duly recorded,
that their liens be transferred to the undivided share of the unit owner in the property as
hereinafter provided. (b) A circuit court may grant the petition of any unit owner for a removal
of the condominium property from the provisions of this chapter and a partition under the
following circumstances: (1) In the event of total destruction of all improvements of the
condominium property and no agreement is reached to rebuild such improvements within a reasonable
time, or such rebuilding has not been completed within a reasonable time. (2) In the event
of substantial destruction, deterioration, or obsolescence of the condominium property and
no agreement is reached to repair, reconstruct, or rebuild such...
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35-8A-110
Section 35-8A-110 Chapter to be liberally construed; remedies liberally administered. (a) Notwithstanding
a finding that this chapter is in derogation of the common law, it should be liberally construed
to effectuate its purpose of encouraging development and construction of condominium property
under the provisions of this chapter. The remedies provided by this chapter shall be liberally
administered to the end that the aggrieved party is put in as good a position as if the other
party had fully performed. (b) Any right or obligation declared by this chapter is enforceable
by judicial proceeding. (Acts 1990, No. 90-551, p. 858, §1-112.)...
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40-10-2
Section 40-10-2 Book of lands upon which taxes have not been paid - Contents; form of entries.
The tax collector shall, at the expense of the county, procure a substantially bound book
in which he or she shall enter, in the manner usual in docketing causes for trial in the circuit
court, each parcel of real estate, or right or interest, or easement therein, assessed to
any person against whom taxes have been assessed which are not paid or, if the tax collector
has received written notice from the holder of a tax certificate, issued pursuant to Acts
1995, No. 95-408, requesting that the tax collector list the property described in such tax
certificate in the book of lands prepared pursuant to this section, have been paid by the
holder of such holder of a tax lien certificate, when a portion of the taxes are on the real
estate or right or interest or easement therein, describing the same in the same manner as
it is described in the assessment list or the record of tax lien sales kept...
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