35-8A-313
Section 35-8A-313 Insurance. (a) Commencing not later than the time of the first conveyance
of a unit to a person other than a declarant, the association shall maintain, to the extent
reasonably available: (1) Property insurance on the common elements insuring against all risks
of direct physical loss commonly insured against or, in the case of a conversion building,
against fire and extended coverage perils. The total amount of insurance after application
of any deductibles shall be not less than the greater of 80 percent of the actual cash value
of the insured property at the time the insurance is purchased or such greater percentage
of such actual cash value as may be necessary to prevent the applicability of any co-insurance
provision and at each renewal date, exclusive of land, excavations, foundations, and other
items normally excluded from property policies; and (2) Liability insurance, including medical
payments insurance, in an amount determined by the board but not less than...
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45-49-140.12
Section 45-49-140.12 Enlargement of district. (a) A district may be enlarged, provided, that
no area lying within a municipality at the time of the enlargement shall be brought within
the district. (b) No area shall be brought within a district by enlargement unless the majority
of the votes cast at the election provided for by subsection (c), approve the inclusion of
the area within the district and also approve every service charge in effect within the district
at the time of election. (c) The term proposed area, as used in this subsection, means an
area proposed to be brought within a district by enlargement of the district. When the board
of trustees of a district determines that the inclusion of a proposed area within the district
would be to the advantage of the district and also to the advantage of the majority of the
property owners of the proposed area, the board of trustees may file in the office of the
judge of probate a petition, signed by two-thirds of property owners,...
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10A-3-4.01
Section 10A-3-4.01 Procedure to amend certificate of formation of a nonprofit corporation.
(a) Amendments to the certificate of formation of a nonprofit corporation shall be made in
the following manner: (1) If there are members entitled to vote thereon, the board of directors
shall adopt a resolution setting forth the proposed amendment and directing that it be submitted
to a vote at a meeting of members entitled to vote thereon, which may be either an annual
or a special meeting. Written notice setting forth the proposed amendment or a summary of
the changes to be effected thereby shall be given to each member entitled to vote at the meeting
within the time and in the manner provided in this chapter for the giving of notice of meetings
of members. The proposed amendment shall be adopted upon receiving at least two-thirds of
the votes entitled to be cast by members present or represented by proxy at the meeting. (2)
If there are no members, or no members entitled to vote thereon, or...
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10A-3-4.04
Section 10A-3-4.04 Restated certificate of formation. (a) A domestic nonprofit corporation
may at any time restate its certificate of formation as theretofore amended, in the following
manner: (1) If there are members entitled to vote thereon, the board of directors shall adopt
a resolution setting forth the proposed restated certificate of formation and directing that
they be submitted to a vote at a meeting of members entitled to vote thereon, which may be
either an annual or a special meeting. (2) Written notice setting forth the proposed restated
articles or a summary of the provisions thereof shall be given to each member entitled to
vote thereon, within the time and in the manner provided in this chapter for the giving of
notice of meetings of members. If the meeting is an annual meeting, the proposed restated
articles or a summary of the provisions thereof may be included in the notice of the annual
meeting. (3) At the meeting a vote of the members entitled to vote thereon shall...
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10A-3-5.03
Section 10A-3-5.03 Approval of merger or consolidation. (a) A plan of merger or consolidation
shall be adopted in the following manner: (1) If the members of any merging or consolidating
nonprofit corporation are entitled to vote thereon, the board of directors of the nonprofit
corporation shall adopt a resolution approving the proposed plan and directing that it be
submitted to a vote at a meeting of members entitled to vote thereon, which may be either
an annual or a special meeting. Written notice setting forth the proposed plan or a summary
thereof shall be given to each member entitled to vote at the meeting within the time and
in the manner provided in this chapter for the giving of notice of meeting of members. The
proposed plan shall be adopted upon receiving at least two-thirds of the votes entitled to
be cast by members present or represented by proxy at the meeting. (2) If any merging or consolidating
nonprofit corporation has no members, or no members entitled to vote...
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11-48-8
Section 11-48-8 Hearing upon objections as to proposed improvement; amendment, modification,
rescission, etc., of ordinance or resolution; actions ratified and confirmed where prior to
ordinance, resolution or hearing. (a) At the meeting, to be held as provided for as specified
in Section 11-48-6, or at a place and time to which the same may be adjourned, all persons
whose property may be affected by the proposed improvement may appear in person or by attorney
or by petition and object or protest against said improvement, the material to be used or
the alternative types of material or any of them from which selection is later to be made,
if any, and the manner of making the same, and said council shall consider such objection
and protest and may confirm, amend, modify, or rescind the original ordinance or resolution.
But if objection to the proposed improvement is made by a majority in frontage of the property
owners to be affected thereby when the proposed improvement is to be...
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11-50-77
Section 11-50-77 Hearing upon objections as to proposed purchase; amendment, modification,
rescission, etc., of ordinance or resolution and contract by council. At the meeting to be
held as provided for as specified in Section 11-50-75 or at a place and time to which the
same may be adjourned, all persons whose property may be affected by said sewers or sewer
system or by the proposed purchase of the same may appear in person or by attorney or by petition
and object or protest against the purchase of the same, and the council shall consider each
objection and protest, if any, and may confirm, amend, modify, or rescind the original ordinance
or resolution and the contract of purchase made with the owner or owners of the sewers or
sewer system proposed to be purchased, but if objections to the proposed purchase are made
by a majority in area of the property owners against whose property the cost and expense of
the proposed purchase is to be assessed, the purchase shall not take place,...
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17-11-3
Section 17-11-3 Absentee balloting generally. (a) Any qualified elector of this state may apply
for and vote an absentee ballot by mail, by hand delivery, or by commercial carrier, as determined
by rule by the Secretary of State, as provided in Sections 17-11-5 and 17-11-9, in any primary,
general, special, or municipal election, if he or she makes application in writing therefor
not less than five days prior to the election in which he or she desires to vote and meets
one or more of the following requirements: (1) The person expects to be out of the county
or the state, or the municipality for municipal elections, on election day. (2) The person
has any physical illness or infirmity which prevents his or her attendance at the polls, whether
he or she is within or without the county on the day of the election. (3) The person expects
to work a shift which has at least 10 hours which coincide with the hours the polls are open
at his or her regular polling place. (4) The person is...
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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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10A-2A-1.48
Section 10A-2A-1.48 Action on ratification. (a) The quorum and voting requirements applicable
to a ratifying action by the board of directors under Section 10A-2A-1.47(a) shall be the
quorum and voting requirements applicable to the corporate action proposed to be ratified
at the time such ratifying action is taken. (b) If the ratification of the defective corporate
action requires approval by the stockholders under Section 10A-2A-1.47(c), and if the approval
is to be given at a meeting, the corporation shall notify each holder of valid and putative
stock, regardless of whether entitled to vote, as of the record date for notice of the meeting
and as of the date of the occurrence of defective corporate action, provided that notice shall
not be required to be given to holders of valid or putative stock whose identities or addresses
for notice cannot be determined from the records of the corporation. The notice must state
that the purpose, or one of the purposes, of the meeting, is to...
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