|
35-8A-301
Section 35-8A-301 Organization of unit owners' association. A unit owners' association must
be organized no later than the date the first unit in the condominium is conveyed. The membership
of the association at all times shall consist exclusively of all the unit owners or, following
termination of the condominium, of all former unit owners entitled to distributions of proceeds
under section 35-8A-218, or their heirs, successors, or assigns. The association must be organized
as a profit or nonprofit corporation. (Acts 1990, No. 90-551, p. 858, §3-101.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-8A-301.htm - 867 bytes - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-8-12.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-8A-310.htm - 2K - Match Info - Similar pages
35-8A-221
Section 35-8A-221 Merger or consolidation of condominiums. (a) Any two or more condominiums,
by agreement of the unit owners as provided in subsection (b), may be merged or consolidated
into a single condominium. In the event of a merger or consolidation, unless the agreement
otherwise provides, the resultant condominium is, for all purposes, the legal successor of
all of the preexisting condominiums and the operations and activities of all associations
of the preexisting condominiums shall be merged or consolidated into a single association
that holds all powers, rights, obligations, assets, and liabilities of all pre-existing associations.
(b) An agreement of two or more condominiums to merge or consolidate pursuant to subsection
(a) must be evidenced by an agreement prepared, executed, recorded, and certified by the president
of the association of each of the pre-existing condominiums following approval by owners of
units to which are allocated the percentage of votes in each...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-8A-221.htm - 2K - Match Info - Similar pages
35-8A-217
Section 35-8A-217 Amendment of declaration. (a) Except in cases of amendments that may be executed
by a declarant under section 35-8A-209(f) or 35-8A-210; the association under section 35-8A-107,
35-8A-206(d), 35-8A-208(c), 35-8A-212(a), or 35-8A-213; or by certain unit owners under section
35-8A-208(b), 35-8A-212(a), 35-8A-213(b), or 35-8A-218(b), and except as limited by subsection
(d), the declaration, including the plats and plans, may be amended only by the affirmative
vote or agreement of unit owners of units to which at least two-thirds of the votes in the
association are allocated, or any larger majority the declaration specifies. The declaration
may specify a smaller number only if all of the units are restricted exclusively to non-residential
use. (b) No action to challenge the validity of an amendment adopted by the association pursuant
to this section may be brought more than one year after the amendment is recorded. (c) Every
amendment to the declaration must be recorded...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-8A-217.htm - 2K - Match Info - Similar pages
35-8A-316
Section 35-8A-316 Lien for assessments. (a) The association has a lien on a unit for any assessment
and any other moneys due the association for special assessments or services or charges, such
as water or repairs, levied against that unit or fines imposed against its unit owner from
the time the assessment or fine becomes due. The association's lien may be foreclosed in like
manner as a mortgage on real estate provided the declaration is in conformity with Article
1A of Chapter 10 of this title and subject to the rights under Article 14A of Chapter 5 of
Title 6. The association shall send reasonable advance notice of its proposed action to the
unit owner and all lienholders of record of the unit. Unless the declaration otherwise provides,
fees, charges, late charges, fines, and interest charged pursuant to Section 35-8A-302(a)(10),
(11), and (12) are enforceable as assessments under this section. If an assessment is payable
in installments, the full amount of the assessment is a lien...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-8A-316.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-8A-317.htm - 2K - Match Info - Similar pages
10A-30-1.08
Section 10A-30-1.08 Board of governors; officers; bylaws; voting by members or shareholders;
applicable to professional associations formed prior to January 1, 1984. A professional association
organized pursuant to this article shall be governed by a board of governors elected by the
members or shareholders and represented by officers elected by the board of governors, so
that centralization of management will be assured, and no member shall have the power to bind
the association within the scope of the association's business or profession merely by virtue
of being a member or shareholder of the association. Members of the board of governors need
not be members or shareholders of the professional association and officers need not be members
of the board of governors; except, that the president shall be a member of the board of governors;
provided, that no officer or member of the board of governors who is not duly licensed to
practice the profession for which the professional...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-30-1.08.htm - 2K - Match Info - Similar pages
34-27-50
Section 34-27-50 Definitions. For the purposes of this article, the following terms shall have
the meaning respectively ascribed to them by this section: (1) ACCOMMODATIONS. Any hotel or
motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any other private
or commercial structure designed for occupancy by one or more individuals or any recreational
vehicle campsite or campground. (2) BUSINESS ENTITY. Any individual, corporation, firm, association,
joint venture, partnership, trust, estate, business trust, syndicate, fiduciary, and any other
group or combination which engages in acts or practices in any trade or commerce. (3) CONTRACT.
Any contract, promissory note, credit agreement, negotiable instrument, lease, use agreement,
license, security, or other muniment conferring on the purchaser the rights, benefits, and
obligations of a vacation time-sharing plan. (4) COMMISSION. The Alabama Real Estate Commission.
(5) COMMISSIONER. A member of the Alabama Real Estate...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-50.htm - 7K - Match Info - Similar pages
45-20-71.26
Section 45-20-71.26 State or national association dues. The board shall have power and authority,
as a group or as individual members, to affiliate with any state or national organization
fostering the improvement of county government and its physical properties, and it shall be
the duty of board to pay the dues of such board or the individuals thereof as members of such
organizations. Such dues shall be paid out of such fund or funds as the board may lawfully
determine. (Acts 1945, No. 22, §27.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-20-71.26.htm - 811 bytes - Match Info - Similar pages
|