6-7-81
Section 6-7-81 Commencement of actions against; satisfaction of judgment. (a) Actions may be
commenced against, and in the name of, any unincorporated organization or association for
any cause of action for or upon which the plaintiff therein may commence such an action against
the members of such organization or association. (b) Where a judgment in such action is entered
in favor of the plaintiff against such organization or association, the property of such organization
or association shall be liable to the satisfaction of such judgment. (Acts 1921, Ex. Sess.,
No. 13, p. 14; Code 1923, §§5724, 5727; Code 1940, T. 7, §§143, 145.)...
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9-17-83
Section 9-17-83 Order requiring unit operation - Contents. The order shall be fair and reasonable
under all the circumstances, shall protect the rights of interested parties and shall include:
(1) A description of the area embraced, termed the unit area, and a description of the pool
or pools or portions thereof affected and lying within the unit area, termed the unit pool.
(2) A statement of the nature of the operations contemplated. (3) An allocation among the
separately owned interests derived from or associated with tracts in the unit area of all
the oil or gas, or both, produced from the unit pool within the unit area, and not required
in the conduct of such operation or unavoidably lost, such allocation to be based on the relative
contribution which each such tract or interest is expected to make during the course of such
operation, to the total production of oil or gas, or both, so allocated. (4) A provision for
adjustment among the owners of the unit area (not including royalty...
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10A-17-1.14
Section 10A-17-1.14 Summons and complaint; service on whom. In an action or proceeding against
a nonprofit association, a summons and complaint shall be served on an agent authorized by
appointment in Section 10A-17-1.11 herein to receive service of process, or on an officer,
managing or general agent, or person authorized to participate in the management of its affairs,
or in any manner otherwise provided in the Alabama Rules of Civil Procedure. If after reasonable
efforts to accomplish service through these methods, service cannot be accomplished, then
service may be made on a member of the association. (Acts 1995, No. 95-527, p. 1064, §14;
§10-3B-14; amended and renumbered by Act 2009-513, p. 967, §320.)...
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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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35-8-2
Section 35-8-2 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) ASSOCIATION. The entity responsible
for the administration and management of the condominium property. (2) COMMON ELEMENTS. A
part or parts of the condominium property as set forth in the declaration in which all of
the unit owners have an undivided interest. (3) COMMON EXPENSES. The expenses arising out
of ownership of common elements for which the unit owners are liable to the association in
accordance with the declaration and bylaws. (4) COMMON SURPLUS. The excess of all receipts
of the association arising out of ownership of common elements over the amount of common expenses.
(5) CONDOMINIUM. The form of ownership of real or personal property or a combination thereof
under a declaration providing for ownership of units of the property by one or more owners.
Such units may consist of private elements together with an undivided...
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35-8A-220
Section 35-8A-220 Master associations. (a) If the declaration for a condominium provides that
any of the powers described in Section 35-8A-302 are to be exercised by or may be delegated
to a profit or nonprofit corporation which exercises those or other powers on behalf of one
or more condominiums or for the benefit of the unit owners of one or more condominiums, all
provisions of this chapter applicable to unit owners' associations apply to any such corporation
with regard to such delegated power except as modified by this section. (b) Unless it is acting
in the capacity of an association described in Section 35-8A-301, a master association may
exercise the powers set forth in Section 35-8A-302(a)(2) only to the extent expressly permitted
in the declarations of condominiums which are part of the master association or expressly
described in the delegations of power from those condominiums to the master association. (c)
If the declaration of any condominium provides that the board may...
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35-8A-411
Section 35-8A-411 Release of liens. (a) In the case of a sale of a unit where delivery of an
offering statement is required pursuant to Section 35-8A-402(c) or a disclosure is made pursuant
to Section 35-8A-407, a seller shall record or furnish to the purchaser releases of all liens
or an agreement to release any liens that encumber that unit and its common element interest,
except liens on real estate that a declarant has the right to withdraw from the condominium,
that the purchaser does not expressly agree in a written contract of sale which specifically
identifies such lien and its amount to take subject to or assume, or provide a surety bond
or substitute collateral for or insurance against the lien in the manner provided for liens
on real estate in Section 35-11-233(b). (b) In conveying real estate to the association the
declarant shall have that real estate released from: (i) all liens the foreclosure of which
would deprive unit owners of any right of access to or easement of...
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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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45-2-22.11
Section 45-2-22.11 Remedies. (a) If a supplier engages in conduct prohibited under this part,
a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates any provision of this part shall be liable for all actual damages and all court
costs and, in the court's discretion, reasonable attorney fees incurred by a wholesaler as
a result of that violation. A wholesaler that violates any provision of this part shall be
liable for all actual damages and all court costs and, in the court's discretion, reasonable
attorney fees incurred by the supplier as a result of that violation. (c)...
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45-37-21.12
Section 45-37-21.12 Violations. (a) If a supplier engages in conduct prohibited under this
part, a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates this part shall be liable for all actual damages and all court costs and, in
the discretion of the court, reasonable attorney fees incurred by a wholesaler as a result
of that violation. A wholesaler that violates this part shall be liable for all actual damages
and all court costs and, in the discretion of the court, reasonable attorney fees incurred
by the supplier as a result of that violation. (c) This part imposes upon a...
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