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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-303
Section 35-8A-303 Board members and officers. (a) Except as provided in the declaration, the
bylaws, the articles of incorporation in subsection (b), or other provisions of this chapter,
the board may act in all instances on behalf of the association. In the performance of their
duties, the officers and members of the board are required to exercise: (i) if appointed by
the declarant; the care required of fiduciaries of the unit owners other than the declarant
and (ii) if elected by the unit owners other than declarant, ordinary and reasonable care.
(b) The board may not act on behalf of the association to amend the declaration as specified
in Section 35-8A-217, to terminate the condominium described in Section 35-8A-218, or to elect
members of the board or to determine the qualifications, powers and duties, or terms of office
of board members as provided in Section 35-8A-303(f), but the board may fill vacancies in
its membership for the unexpired portion of any term. (c) Within 30 days...
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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-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-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...
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35-8-14
Section 35-8-14 Prohibited work. There shall be no material alteration of or substantial addition
to the common elements or limited common elements except as authorized by the declaration.
No unit owner shall contract for or perform any maintenance, repair, replacement, removal,
alteration, or modification of the common elements, or limited common elements, or any additions
thereto, except through the association and its officers. No unit owner shall take or cause
to be taken any action within his unit which would jeopardize the soundness or safety of any
part of the condominium property or impair any easement or right of any unit owner or affect
the common elements, or limited common elements, without the unanimous consent of all unit
owners who might be affected thereby. (Acts 1964, 1st Ex. Sess., No. 206, p. 266, §8; Acts
1973, No. 1059, p. 1732, §14.)...
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35-8A-314
Section 35-8A-314 Surplus funds. Unless otherwise provided in the declaration or bylaws, any
surplus funds of the association remaining after payment of or provision for common expenses
and any prepayment of reserves must be paid to the unit owners in proportion to their common
expense liabilities or credited to them to reduce their future common expense assessments,
or held in reserve. (Acts 1990, No. 90-551, p. 858, §3-114; Act 2018-403, §1.)...
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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-107
Section 35-8A-107 Eminent domain. (a) If a unit is acquired by eminent domain, or if part of
a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically
or lawfully be used for any purpose permitted by the declaration, the award must compensate
the unit owner for the unit and its interest in the common elements, whether or not any common
elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's
allocated interests are automatically reallocated to the remaining units in proportion to
the respective allocated interests of those units before the taking, and the association shall
promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations.
Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter
a common element. (b) Except as provided in subsection (a), if part of a unit is acquired
by eminent domain, the award must compensate the unit...
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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...
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