Code of Alabama

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35-8A-302
Section 35-8A-302 Powers of unit owners' association. (a) Except as provided in subsection
(b), and subject to the provisions of the declaration, the association may: (1) Adopt and
amend bylaws and rules and regulations; (2) Adopt and amend budgets for revenues, expenditures,
and reserves and impose and collect assessments for common expenses from unit owners; (3)
Hire and discharge managing agents and other employees, agents, and independent contractors;
(4) Institute, defend, or intervene in litigation or administrative proceedings in its own
name on behalf of itself or two or more unit owners on matters affecting the condominium;
(5) Make contracts and incur liabilities; (6) Regulate the use, maintenance, repair, replacement,
and modification of common elements; (7) Cause additional improvements to be made as a part
of the common elements; (8) Acquire, hold, encumber, and convey in its own name any right,
title, or interest to real or personal property, but interests in the common...
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35-8A-303
Section 35-8A-303 Board members and officers. (a) Except as provided in the declaration, the
bylaws, the articles of incorporation in subsection (b), or other provisions of this chapter,
the board may act in all instances on behalf of the association. In the performance of their
duties, the officers and members of the board are required to exercise: (i) if appointed by
the declarant; the care required of fiduciaries of the unit owners other than the declarant
and (ii) if elected by the unit owners other than declarant, ordinary and reasonable care.
(b) The board may not act on behalf of the association to amend the declaration as specified
in Section 35-8A-217, to terminate the condominium described in Section 35-8A-218, or to elect
members of the board or to determine the qualifications, powers and duties, or terms of office
of board members as provided in Section 35-8A-303(f), but the board may fill vacancies in
its membership for the unexpired portion of any term. (c) Within 30 days...
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35-8A-403
Section 35-8A-403 Offering statement - General provisions. (a) Except as provided in subsection
(b), an offering statement must contain or fully and accurately disclose the following information
with regard to the condominium, including a proposed condominium: (1) The name and principal
address of the declarant; (2) The name and the address, legal description, or other description
of the location of the condominium, and the number and types of units in the condominium;
(3) A general description of the condominium, including to the extent possible, number and
types of buildings, structures, and amenities the declarant is obligated to build, and declarant's
schedule of commencement and completion of construction of buildings, structures, and amenities
the declarant is obligated to include in the condominium; (4) Copies of the declaration, as
well as any recorded plats, plans, easements, covenants, conditions, restrictions, and reservations
affecting the condominium; the certificate or...
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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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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-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-310
Section 35-8A-310 Voting; proxies. (a) If only one of the multiple owners of a unit is present
at a meeting of the association, he or she is entitled to cast all the votes allocated to
that unit. If more than one of the multiple owners are present, the votes allocated to that
unit may be cast only in accordance with the agreement of a majority in interest of the multiple
owners, unless either the declaration or bylaws expressly provides otherwise. There is majority
agreement if any one of the multiple owners casts the votes allocated to that unit without
protest being made promptly to the person presiding over the meeting by any of the other owners
of the unit. (b) Votes allocated to a unit may be cast pursuant to a proxy duly executed by
the unit owner except as provided in Section 35-8A-303(g). If a unit is owned by more than
one person, each owner of the unit may vote or register protest to the casting of votes by
the other owners of the unit through a duly executed proxy. A unit...
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35-8A-212
Section 35-8A-212 Relocation of boundaries between adjoining units. (a) Subject to the provisions
of the declaration and other provisions of law, the boundaries between adjoining units may
be relocated by an amendment to the declaration upon application to the association by the
owners of those units. If the owners of the adjoining units have specified a reallocation
between their units of their allocated interests, the application must state the proposed
reallocations. Unless the board determines, within 30 days, that the reallocations are unreasonable,
the association shall prepare an amendment that identifies the units involved, states the
reallocations, is executed by those unit owners, contains words of conveyance between them,
and upon recordation, is indexed in the name of the grantor, grantee, and shall be recorded
as an amendment to the declaration. (b) The association shall prepare and record plats or
plans necessary to show the altered boundaries between adjoining units, and...
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35-8A-308
Section 35-8A-308 Meetings. A meeting of the association must be held at least once each year.
Special meetings of the association may be called by the president, a majority of the board
or by unit owners having 20 percent, or any lower percentage specified in the bylaws, of the
votes in the association. Not less than 10 nor more than 60 days in advance of any meeting,
the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered
or sent prepaid by United States mail to the mailing address of each unit or to any other
mailing address designated in writing by the unit owner. The notice of any meeting must state
the time and place of the meeting and the items on the agenda, including the general nature
of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal
to remove an officer or a member of the board. (Acts 1990, No. 90-551, p. 858, §3-108.)...

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8-17-219
Section 8-17-219 Conformance of permissible items to nomenclature of Section 8-17-217; identification
marks on items. No permissible article of fireworks or related items defined in Section 8-17-217
shall be sold, offered for sale or possessed within the state or used within the state, except
as provided in Section 8-17-216 unless it shall be properly named to conform to the nomenclature
of Section 8-17-217. Items must be identified on the shipping cases and by imprinting on the
article or retail sales container or unit "D.O.T. Class C Common Fireworks" or other
appropriate classification or identification as may be applicable or required by any federal
agency having jurisdiction over fireworks on related items; such imprint to be of sufficient
size and so positioned as to be readily recognized by law enforcement authorities and the
general public. (Acts 1981, No. 81-409, p. 638, §10.)...
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