Code of Alabama

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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...
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35-8A-402
Section 35-8A-402 Liability for offering statement requirements. (a) Except as provided in
subsection (b), a declarant, prior to the offering of any interest in a unit to the public,
shall prepare an offering statement conforming to the requirements of Sections 35-8A-403 through
35-8A-406. (b) A declarant may transfer responsibility for preparation of all or a part of
the offering statement to a successor declarant specified in Section 35-8A-304 or to a person
in the business of selling real estate who intends to offer units in the condominium for the
offeror's own account. In the event of any such transfer, the transferor shall provide the
transferee with any information necessary to enable the transferee to fulfill the requirements
of subsection (a). (c) Any declarant or other person in the business of selling real estate
who offers to a purchaser a unit for the offeror's own account to whom such responsibility
for preparation and delivery of an offering statement has been...
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45-36-180.01
Section 45-36-180.01 Department of public works - Powers. The department of public works, subject
to the approval of the Jackson County Commission, shall have the power and authority and shall
be solely responsible for the construction, repair, and maintenance of the roads, bridges,
and ferries and all such construction, repair, and maintenance shall be done on the basis
of the county as a unit, without regard to district or quadrant lines. (Act 79-825, p. 1557,
§2; Act 88-293, p. 451, §1.)...
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34-33A-3
Section 34-33A-3 Applicability; exceptions. (a) It shall be unlawful for any individual, partnership,
corporation, association, or joint venture to engage in the business of installation, repair,
alteration, addition, maintenance, or inspection of a fire alarm system in this state except
in conformity with this chapter. (b) This chapter shall not apply to the following: (1) The
owner of a fire alarm system who employs skilled trained workers who regularly and routinely
install, repair, alter, add to, maintain, and inspect fire alarm systems on and within the
premises of the owner for the use of the owner only. (2) A smoke detector installed in a residential
dwelling. (3) A residential combination burglary and fire alarm system installed by a licensed
burglary alarm contractor in a residential occupancy as defined in the adopted building code
where located. (Act 2009-657, p. 2020, §1.)...
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35-8A-318
Section 35-8A-318 Association records. The association shall keep financial records sufficiently
detailed to enable the association to comply with Section 35-8A-409. All financial and other
records shall be made reasonably available for examination by any unit owner and his or her
authorized agents and such records shall be made available in the county where the condominium
is located. A reasonable fee or hourly charge may be assessed for this service. (Acts 1990,
No. 90-551, p. 858, §3-118; Act 2018-403, §1.)...
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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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35-8-16
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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35-20-2
Section 35-20-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ASSOCIATION. A homeowners' association. (2) BOARD OF DIRECTORS.
The group of persons vested with the management of the association irrespective of the name
by which the group is designated. (3) COMMON AREA. Property within a development which is
owned, leased, or required by the declaration to be maintained or operated by a homeowners'
association for the use of its members and designated as common area in the declaration or
on a recorded subdivision map or plat. (4) DECLARANT. The person or entity who submits property
to a declaration. (5) DECLARATION. Any instrument, however denominated, including any amendment,
modification, restatement, or supplement, recorded in the office of the judge of probate in
the county in which the development or any part thereof is located which satisfies the following:
a. Imposes on the association maintenance or operational...
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35-20-5
Section 35-20-5 Organization of associations; filing requirements; rulemaking authority; organizational
documents. (a) On or after January 1, 2016, a homeowners' association created pursuant to
a declaration shall be organized as a nonprofit corporation pursuant to Chapter 3 of Title
10A, and shall be governed in all respects as a nonprofit corporation. (b)(1) A homeowners'
association, its members, and directors shall be subject to all of the obligations, duties,
and responsibilities of and shall have all of the rights and benefits provided in Chapter
3 of Title 10A. (2) In addition or supplemental to any other filing required in Chapter 3
of Title 10A, a homeowners' association shall file the following documents with the Secretary
of State: a. Articles of incorporation. b. Bylaws, resolutions, or other governing documents
of the association. c. The original covenants, conditions, or restrictions adopted by the
association. (3) The Secretary of State shall implement and maintain an...
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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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