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35-8A-215
Section 35-8A-215 Use for sales purposes. A declarant may maintain sales offices, management
offices, and models in units or on common elements in the condominium only if the declaration
so provides and specifies the rights of a declarant with regard to the number, size, location,
and relocation thereof. Any sales office, management office, or model not designated a unit
by the declaration is a common element, and if a declarant ceases to be a unit owner, he or
she ceases to have any rights with regard thereto unless it is removed promptly from the condominium
in accordance with a right to remove reserved in the declaration. Subject to any limitations
in the declaration, a declarant may maintain signs on the common elements advertising the
condominium. The provisions of this section are subject to the provisions of other state law,
and to local ordinances. (Acts 1990, No. 90-551, p. 858, §2-115; Act 2018-403, §1.)...
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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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40-14B-5
Section 40-14B-5 Statement included with offering. Any offering material involving the sale
of securities of the certified capital company must include the following statement: "By
authorizing the formation of a certified capital company, the State of Alabama does not endorse
the quality of management or the potential for earnings of the company and is not liable for
damages or losses to a certified investor in the company. Use of the word "certified"
in an offering does not constitute a recommendation or endorsement of the investment by the
Alabama Development Office of public accounts. If applicable provisions of law are violated,
the State of Alabama may require forfeiture of unused premium tax credits and repayments of
used premium tax credits." (Act 2002-429, p. 1108, §5.)...
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35-8A-106
Section 35-8A-106 Applicability of local ordinances, regulations, and building codes. (a) A
building code may not impose any requirements upon any structure in a condominium which it
would not impose upon a physically identical structure under a different form of ownership.
(b) No zoning, subdivision, or other real estate use law, ordinance, or regulation may prohibit
the condominium form of ownership or impose any requirement upon a condominium which it would
not impose upon a physically identical development under a different form of ownership. (c)
Except as provided in subsections (a) and (b), the provisions of this chapter do not invalidate
or modify any provision of any zoning, subdivision, building code, or other real estate use
law, ordinance, rule, or regulation governing the use of real estate. (Acts 1990, No. 90-551,
p. 858, §1-106; Act 2018-403, §1.)...
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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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41-9-235
Section 41-9-235 Petition for waiver; emergencies; violations; judicial review. (a)(1) Any
entity exercising control of public property on which an architecturally significant building,
memorial building, memorial school, memorial street, or monument is located may petition the
committee for a waiver from subsection (b) or subsection (c) of Section 41-9-232 through an
application including, at a minimum, all of the following: a. A resolution by the controlling
entity seeking a waiver for the renaming of a memorial school or for the relocation, removal,
alteration, renaming, or other disturbance of the architecturally significant building, memorial
building, memorial street, or monument and the reasons therefor. b. Written documentation
of the origin of the architecturally significant building, memorial building, memorial school,
memorial street, or monument, the intent of the sponsoring entity at the time of dedication,
and any subsequent alteration, renaming, or other disturbance of...
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11-19-21
Section 11-19-21 Institution of actions to prevent, correct, etc., unauthorized construction
of buildings, subdivision or use of lands, etc. In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted, or maintained, or any subdivision
is established or land used in violation of this chapter or of any ordinance or other regulation
made under the authority conferred hereby, the county attorney, or other appropriate administrative
officer of the county in which the violation occurs may institute any appropriate action or
proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance, or subdivision of the land or use of the land to restrain, correct,
or abate such violation, or to prevent the occupancy of any such building, structure, or subdivision
of land or to prevent any illegal act, conduct, business, or misuse in or upon any premises
regulated under the authority conferred by this...
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35-8-21
Section 35-8-21 Construction and application of building or zoning laws, ordinances, and regulations.
All laws, ordinances, and regulations concerning buildings or zoning shall be construed and
applied with reference to condominium property for dwelling purposes in the same manner as
to other multi-family dwelling projects and developments of similar nature and use without
regard to the form of ownership. No law, ordinance, or regulation shall establish any requirement
concerning the use or location, placement, or construction of other buildings or other improvements
which are or may thereafter be subjected to the condominium form of ownership, unless such
requirement shall be equally applicable to all buildings and improvements of the same kind
not then or thereafter to be subjected to the condominium form of ownership. (Acts 1973, No.
1059, p. 1732, §21.)...
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8-6-5
Section 8-6-5 Registration of securities - Registration by notification. (a) The following
securities may be registered by notification, whether or not they are also eligible for registration
by coordination under Section 8-6-6: (1) Any security whose issuer and any predecessors have
been in continuous operation for at least five years if: a. There has been no default during
the current fiscal year or within the three preceding fiscal years in the payment of principal,
interest, or dividends on any security of the issuer, or any predecessor, with a fixed maturity
or a fixed interest or dividend provision; and b. The issuer and any predecessors during the
past three fiscal years have had average net earnings determined in accordance with generally
accepted accounting practices which are applicable to all securities without a fixed maturity
or a fixed interest or dividend provision and which: 1. Equal at least five percent of the
amount of securities without a fixed maturity or a fixed...
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11-52-83
Section 11-52-83 Remedies for construction, repair, use, etc., of buildings, lands, etc., in
violation of article or ordinance, regulation, etc., adopted under authority of article. In
case any building or structure is erected, constructed, reconstructed, altered, repaired,
converted, or maintained or any building, structure, or land is used in violation of this
article or of any ordinance or other regulation made under authority conferred by this article,
the proper local authorities of the municipality, in addition to other remedies, may institute
any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation,
to prevent the occupancy of such building, structure, or land or to prevent any illegal act,
conduct, business, or use in or about such premises. (Acts 1935, No. 533, p. 1121; Code 1940,
T. 37, §782.)...
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