35-8A-210
Section 35-8A-210 Exercise of development rights. (a) To exercise any development right reserved
under Section 35-8A-205(a)(8), the declarant shall prepare, execute, and record an amendment
to the declaration as specified in Section 35-8A-217 and comply with Section 35-8A-209. The
declarant is the unit owner of any units thereby created. The amendment to the declaration
must assign an identifying number to each new unit created, and, except in the case of subdivision
or conversion of units described in subdivision (2) of subsection (c), reallocate the allocated
interests among all units. The amendment must describe any common elements and any limited
common elements thereby created and, in the case of limited common elements, designate the
unit to which each is allocated to the extent required by Section 35-8A-208. (b) Development
rights may be reserved within any real estate added to the condominium if the amendment adding
that real estate includes all matters required by Section...
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16-27A-12
Section 16-27A-12 Cause of action by owner against actual operator. (a) Any person who is held
responsible for payment of a civil fine as provided herein, but who was not actually operating
the involved vehicle, who timely and properly followed the procedure to transfer responsibility
but is ultimately held responsible because of the person's ownership of the vehicle, and who
actually pays the civil fine, shall have a cause of action against the person who was operating
the vehicle for the amount of the civil fine actually paid plus a reasonable attorney fee,
without regard to the rules regarding joint and several liability, contribution, or indemnity.
(b) As a condition precedent to the bringing of a civil action under subsection (a), the person
held responsible for payment of the civil fine shall first make written demand on the other
person for reimbursement of the civil fine, giving a minimum of 60 days to remit payment,
and if reimbursement is fully made within the 60 day period...
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32-5-152.1
Section 32-5-152.1 Owner not liable for violation where vehicle leased to another; notice requirement;
owner's liability upon failure to maintain vehicle. (a) The owner of any motor vehicle leased
to another shall not be liable for a state, county, or municipal traffic or parking violation
occurring while the leased vehicle was not in the owner's possession or control, if upon notice
of the violation, the owner notifies the clerk of the court in which the case is pending of
the name and address of the lessee of the vehicle on the date the violation occurred. The
notice shall be notarized on a form prescribed by the Director of the Administrative Office
of Courts. If the owner fails to submit the notice, the court in which the case is heard may
take such action as the interests of justice require, including finding the owner of the motor
vehicle liable for the violation. (b) After providing the name and address of the lessee,
the owner shall not be required to attend a hearing on the...
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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-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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45-49-101.12
Section 45-49-101.12 Cause of action by owner against actual operator. (a) Any person who is
held responsible for payment of a civil fine as provided herein, but who was not actually
operating the involved vehicle, who timely and properly followed the procedure to transfer
responsibility but is ultimately held responsible because of the person's ownership of the
vehicle, and who actually pays the civil fine, shall have a cause of action against the person
who was operating the vehicle for the amount of the civil fine actually paid plus a reasonable
attorney fee, without regard to the rules regarding joint and several liability, contribution,
or indemnity. (b) As a condition precedent to the bringing of a civil action under subsection
(a), the person held responsible for payment of the civil fine must first make written demand
on the other person for reimbursement of the civil fine, giving a minimum of 60 days to remit
payment, and if reimbursement is fully made within the 60-day period...
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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-213
Section 35-8A-213 Subdivision of units. (a) If the declaration expressly so permits, a unit
may be subdivided into two or more units. Subject to the provisions of the declaration and
other provisions of law, upon application of a unit owner to subdivide a unit, the association
shall prepare, execute, and record an amendment to the declaration, including the plats and
plans, subdividing that unit. (b) The amendment to the declaration must be executed by the
owner of the unit to be subdivided, assign an identifying number to each unit created, and
reallocate the allocated interests formerly allocated to the subdivided unit to the new units
in any reasonable manner prescribed by the owner of the subdivided unit. (c) Any costs incurred
utilizing the procedures described in subsections (a) and (b) above shall be borne by the
requesting unit owners. (Act 1990, No. 90-551, p. 858, §2-113.)...
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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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6-5-225
Section 6-5-225 Time for commencement of action against architects, engineers, and builders.
(a) It is the purpose and intent of the Legislature in connection with all actions against
architects and engineers, who perform or furnish the design, planning, specifications, testing,
supervision, administration, or observation of the construction of an improvement on or to
real property, and builders who construct, perform, or manage the construction of an improvement
on or to real property designed by and constructed under the supervision, administration or
observation of, or in accordance with the plans and specifications prepared by, an architect
or engineer, to limit the time for commencement of an action to a period of two years from
the date a cause of action accrues and to bar all causes of action and rights of action which
accrue more than seven years after substantial completion of such improvement. The Legislature
finds that this classification distinguishing architects,...
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