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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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35-8-15
Section 35-8-15 Taxes, special assessments, etc. All property taxes, special assessments, and
other charges imposed by any taxing authority shall be separately assessed against and collected
on each unit as a single parcel, and not on the condominium property as a whole. Such taxes,
assessments, and charges shall constitute a lien only upon the unit and upon no other portion
of the condominium property. All laws authorizing exemptions or deductions from taxation shall
be applicable to each individual unit to the same extent they are applicable to other property.
The total of the assessments for tax purposes against the aggregate of all units constituting
the condominium property shall not exceed the assessment which would otherwise have been made
against such condominium property as a single parcel had it not been submitted to this chapter.
(Acts 1964, 1st Ex. Sess., No. 206, p. 266, §22; Acts 1973, No. 1059, p. 1732, §15.)...
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35-8A-209
Section 35-8A-209 Plats and plans. (a) A clear and legible plat of the condominium property
and plans, if required under subsection (d), shall be recorded in the office of the judge
of probate in every county in which any portion of the condominium is located and shall contain
a certification that the plat and plans, if any contain all information required by this section.
If the plat contains all of the information described in subsections (b), (c), (d), and (g),
plans are not required. The recorded plan and plans are part of the declaration. (b) Each
plat must show: (1) The name of the condominium and a survey of the real property included
in the condominium; (2) The location and dimensions of all existing improvements located on
the condominium property; (3) The location and dimensions of any real estate subject to development
rights reserved over any part of the condominium property, labeled to identify the rights
applicable to each identified portion, but the plat need not...
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35-8A-218
Section 35-8A-218 Termination of condominium. (a) Except in the case of a taking of all the
units by eminent domain specified in Section 35-8A-107, a condominium may be terminated only
by agreement of unit owners of units to which at least 80 percent of the votes in the association
are allocated, or any larger percentage the declaration specifies. The declaration may specify
a smaller percentage only if all of the units in the condominium are restricted exclusively
to nonresidential uses. (b) An agreement to terminate must be evidenced by the execution of
a termination agreement, or ratifications thereof, in the same manner as a deed, by the requisite
number of unit owners. The termination agreement must specify a date after which the agreement
will be void unless it is recorded before that date. A termination agreement and all ratifications
thereof must be recorded in every county in which a portion of the condominium is situated,
and is effective only upon recordation. (c) In the...
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35-8A-304
Section 35-8A-304 Transfer of special declarant rights. (a) No special declarant right specified
in Section 35-8A-103(24) created or reserved under this chapter may be transferred except
by an instrument evidencing the transfer recorded in every county in which any portion of
the condominium is located. The instrument is not effective unless executed by the transferor
and the transferee in the same formality as a conveyance of real property. (b) Upon transfer
of any special declarant right, the liability of a transferor declarant is as follows: (1)
A transferor is not relieved of any obligation or liability arising before the transfer and
remains liable for warranty obligations imposed upon him or her by this chapter. Lack of privity
does not deprive any unit owner of standing to maintain an action to enforce any obligation
of the transferor. (2) If a successor to any special declarant right is an affiliate of a
declarant specified in Section 35-8A-103(1), the transferor is jointly and...
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35-8A-404
Section 35-8A-404 Offering statement - Condominiums subject to development rights. If the declaration
provides that a condominium is subject to any development rights, the offering statement must
disclose, in addition to the information required by Section 35-8A-403: (1) The maximum number
of units that may be created; (2) A statement of how many or what percentage of the units
which may be created will be restricted exclusively to residential use, or a statement that
no representations are made regarding use restrictions; (3) If any of the units that may be
built within real estate subject to development rights are not to be restricted exclusively
to residential use, a statement as to whether there is a maximum percentage of the units which
may be used for nonresidential purposes; (4) A statement of any development rights reserved
by a declarant and of any conditions relating to or limitations upon the exercise of development
rights; (5) A statement of the maximum extent to which the...
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40-7-33
Section 40-7-33 Book of assessments - Required; form; use of assessment lists in lieu of book.
The tax assessor must make and enter in an assessment book, suitably ruled and substantially
bound, in forms as prescribed by the Department of Revenue, a condensed statement of all assessments
made during each tax year, showing in separate columns the name of the owner, a description
of the real estate and improvements thereon, the assessed value thereof and the value of the
personal property assessed for taxation; and the assessor shall compute and enter opposite
the name of each taxpayer the aggregate amount of state, county, and special taxes with which
such taxpayer is charged, except as may otherwise be provided herein. When the hearing of
objection to assessments has been completed as herein provided, the tax assessor shall complete
the said book by making the proper entries therein, and foot up at the bottom of each page
the aggregate of all such taxes. When appeals have been taken to...
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35-8A-409
Section 35-8A-409 Resales of units. (a) Except in the case of a sale where delivery of an offering
statement is required, or unless exempt under Section 35-8A-401(b), a unit owner upon written
request by a purchaser of a unit previously disposed of, which written request must be made
within 14 days of the date the purchaser signs the contract with a purchaser, shall furnish
to a purchaser before the conveyance and in any event within 15 days of receipt of the written
request, a copy of the declaration, the bylaws, the rules, and the regulations of the association,
and a certificate containing: (1) A statement setting forth the amount of the periodic common
expense assessment; (2) A statement setting forth the amount of any unpaid common expense
or special assessments against the unit either past due or then due owing; (3) A statement
of any other assessments or fees assessed against the unit or the unit owner either past due
or then due and owing; (4) The most recent regularly prepared...
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45-41-141.08
Section 45-41-141.08 Payment and collection of financial charges. (a) Any financial charge
levied as provided in Section 45-41-141.03 shall become due and payable on October 1 in the
fiscal year of the county next succeeding the fiscal year during and for which such financial
charge is so levied and shall become delinquent if not paid before the next succeeding January
1 and otherwise in the same manner as county ad valorem taxes. Each owner shall make report
of the unit or units of property owned by him or her to the tax assessor at the time fixed
by law for making return of other property of such owner; and any owner whose property is
generally exempt from property taxation or who is not otherwise required to make report or
return to the tax assessor as aforesaid shall nevertheless at such time make report to the
tax assessor of the unit or units of property owned by him or her, all as if such unit or
units of property were subject to property taxation. The tax collector shall...
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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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