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35-8A-310
Section 35-8A-310 Voting; proxies. (a) If only one of the multiple owners of a unit is present
at a meeting of the association, he or she is entitled to cast all the votes allocated to
that unit. If more than one of the multiple owners are present, the votes allocated to that
unit may be cast only in accordance with the agreement of a majority in interest of the multiple
owners, unless either the declaration or bylaws expressly provides otherwise. There is majority
agreement if any one of the multiple owners casts the votes allocated to that unit without
protest being made promptly to the person presiding over the meeting by any of the other owners
of the unit. (b) Votes allocated to a unit may be cast pursuant to a proxy duly executed by
the unit owner except as provided in Section 35-8A-303(g). If a unit is owned by more than
one person, each owner of the unit may vote or register protest to the casting of votes by
the other owners of the unit through a duly executed proxy. A unit...
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35-8A-304
Section 35-8A-304 Transfer of special declarant rights. (a) No special declarant right specified
in Section 35-8A-103(24) created or reserved under this chapter may be transferred except
by an instrument evidencing the transfer recorded in every county in which any portion of
the condominium is located. The instrument is not effective unless executed by the transferor
and the transferee in the same formality as a conveyance of real property. (b) Upon transfer
of any special declarant right, the liability of a transferor declarant is as follows: (1)
A transferor is not relieved of any obligation or liability arising before the transfer and
remains liable for warranty obligations imposed upon him or her by this chapter. Lack of privity
does not deprive any unit owner of standing to maintain an action to enforce any obligation
of the transferor. (2) If a successor to any special declarant right is an affiliate of a
declarant specified in Section 35-8A-103(1), the transferor is jointly and...
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35-4-431
Section 35-4-431 Definitions. (a) As used in this article, the following words have the following
meanings: (1) ASSOCIATION. An association or unit owners' association, as defined in Section
35-8A-103 of the Alabama Uniform Condominium Act of 1991; an association as defined in Section
35-8-2 of the Condominium Ownership Act; or a nonprofit or cooperative membership organization
composed exclusively of owners of mobile homes, manufactured housing, time-shares, camping
resort interests, or other interests in real property that is responsible for the maintenance,
improvements, services, or expenses related to real property that is owned, used, or enjoyed
in common by the members. (2) PAYEE. The person or entity who claims the right to receive
or collect a private transfer fee payable under a private transfer obligation. A payee may
or may not have a pecuniary interest in the private transfer fee obligation. (3) PRIVATE TRANSFER
FEE. A fee or charge payable upon the transfer of an interest...
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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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9-17-83
Section 9-17-83 Order requiring unit operation - Contents. The order shall be fair and reasonable
under all the circumstances, shall protect the rights of interested parties and shall include:
(1) A description of the area embraced, termed the unit area, and a description of the pool
or pools or portions thereof affected and lying within the unit area, termed the unit pool.
(2) A statement of the nature of the operations contemplated. (3) An allocation among the
separately owned interests derived from or associated with tracts in the unit area of all
the oil or gas, or both, produced from the unit pool within the unit area, and not required
in the conduct of such operation or unavoidably lost, such allocation to be based on the relative
contribution which each such tract or interest is expected to make during the course of such
operation, to the total production of oil or gas, or both, so allocated. (4) A provision for
adjustment among the owners of the unit area (not including royalty...
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24-1A-2
Section 24-1A-2 Definitions. The following words and phrases used in this chapter, and others
evidently intended as the equivalent thereof, shall, in the absence of clear implication otherwise,
have the following respective meanings: (1) AUTHORITY. The public corporation and instrumentality
of the state organized pursuant to the provisions of this chapter. (2) AUTHORIZED INVESTMENTS.
Bonds or other obligations of, or guaranteed by, the United States of America or the state;
interest bearing bank and savings and loan association deposits; obligations of any agency
of the United States of America; any obligations in which a state chartered savings and loan
association may invest its funds; any agreement to repurchase any of the foregoing; or any
combination thereof. (3) BOARD OF DIRECTORS. The board of directors of the authority. (4)
BONDS. Bonds or other securities representing an obligation to pay money. (5) ELIGIBLE HOUSING
UNIT. Real and personal properties located in the state...
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6-5-155.1
Section 6-5-155.1 Definitions. The following words and phrases when used in this division shall
have the meanings given to them in this section unless the context clearly indicates otherwise:
(1) COMMUNITY-BASED ORGANIZATION. Any group, whether incorporated or unincorporated, affiliated
with or organized for the benefit of one or more communities or neighborhoods containing an
alleged drug-related nuisance, or any group organized to improve the quality of life in a
residential area containing the alleged drug-related nuisance. (2) CONTROLLED SUBSTANCE ACTS.
The provisions of Sections 20-2-1 et seq., known as the "Alabama Uniform Controlled Substance
Act," and Sections 13A-12-201 et seq., known as "The Drug Predator Control Act of
1987," and Sections 13A-12-210 et seq., known as "The Drug Crimes Amendments Act
of 1987." (3) DRUG-RELATED NUISANCE. a. Any property, in whole or in part, used or intended
to be used to facilitate any violation of the controlled substance acts or any similar...
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24-8-7
Section 24-8-7 Exemptions. (a) Except for subdivision (3) of Section 24-8-4, Sections 24-8-4
and 24-8-6 do not apply to rooms or units in dwellings containing living quarters occupied
or intended to be occupied by no more than four families living independently of each other,
if the owner actually maintains and occupies one of the living quarters as his or her residence.
(b) Sections 24-8-4 and 24-8-6 do not apply to any single-family house sold or rented by an
owner when: (1) The private individual owner does not own more than three single-family houses
at any one time; and (2) In the sale of any single-family house by a private individual owner
not residing in the house at the time of the sale or who was not the most recent resident
of the house before the sale, the exemption granted by this subsection shall apply only with
respect to one sale within a 24-month period; and (3) A bona fide private individual owner
does not own an interest in, nor is there owned or reserved on the...
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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-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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