Code of Alabama

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36-25-1
Section 36-25-1 Definitions. Whenever used in this chapter, the following words and terms shall
have the following meanings: (1) BUSINESS. Any corporation, partnership, proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual, or any other legal
entity. (2) BUSINESS WITH WHICH THE PERSON IS ASSOCIATED. Any business of which the person
or a member of his or her family is an officer, owner, partner, board of director member,
employee, or holder of more than five percent of the fair market value of the business. (3)
CANDIDATE. This term as used in this chapter shall have the same meaning ascribed to it in
Section 17-5-2. (4) COMMISSION. The State Ethics Commission. (5) COMPLAINT. Written allegation
or allegations that a violation of this chapter has occurred. (6) COMPLAINANT. A person who
alleges a violation or violations of this chapter by filing a complaint against a respondent.
(7) CONFIDENTIAL INFORMATION. A complaint filed pursuant to this...
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35-8A-402
Section 35-8A-402 Liability for offering statement requirements. (a) Except as provided in
subsection (b), a declarant, prior to the offering of any interest in a unit to the public,
shall prepare an offering statement conforming to the requirements of Sections 35-8A-403 through
35-8A-406. (b) A declarant may transfer responsibility for preparation of all or a part of
the offering statement to a successor declarant specified in Section 35-8A-304 or to a person
in the business of selling real estate who intends to offer units in the condominium for the
offeror's own account. In the event of any such transfer, the transferor shall provide the
transferee with any information necessary to enable the transferee to fulfill the requirements
of subsection (a). (c) Any declarant or other person in the business of selling real estate
who offers to a purchaser a unit for the offeror's own account to whom such responsibility
for preparation and delivery of an offering statement has been...
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35-8A-417
Section 35-8A-417 Substantial completion of units. In the case of a sale of a unit where delivery
of an offering statement is required or a disclosure is made pursuant to Section 35-8A-407,
a contract of sale may be executed, but no interest in that unit may be conveyed, or voted
until the declaration is recorded and the unit is substantially completed, as evidenced by
a recorded certificate of substantial completion executed by an independent registered architect,
or independent registered engineer, or by issuance of a certificate of occupancy authorized
by law. (Acts 1990, No. 90-551, p. 858, §4-117; Act 2018-403, §1.)...
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16-13-232
Section 16-13-232 Determining number of teacher units and instructional support units; grade
level divisors. (a) In determining the number of teacher units for the purpose of apportioning
the state Foundation Program, one teacher unit or fraction thereof shall be allowed for the
specified number of pupils in average daily membership as provided for in subsection (b),
during the first 20 scholastic days following Labor Day of the preceding school year in the
public schools. In extreme circumstances involving natural occurrences, health-related occurrences,
or other extenuating circumstances as determined and approved by the State Superintendent
of Education, average daily membership for local boards of education may be calculated using
alternative days to the first 20 scholastic days following Labor Day. Such alternative calculation
shall be determined by the State Department of Education on a case by case basis. If a request
from a local board is made to the State Superintendent, the...
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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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10A-10-1.14
Section 10A-10-1.14 Amendment of declaration. (a) Except as provided in subsection (c) of Section
10A-10-1.06 or subdivision (7) of subsection (a) of Section 10A-10-1.07, a declaration of
trust may be amended only as provided in this section. (b) The board of trustees of a real
estate investment trust proposing an amendment to its declaration of trust shall: (1) Adopt
a resolution which sets forth the proposed amendment and declares that it is advisable. (2)
Direct that the proposed amendment be submitted for consideration at either an annual or special
meeting of the shareholders. (c) Notice which states that a purpose of the meeting will be
to act upon the proposed amendment shall be given by the real estate investment trust in the
manner provided in the declaration of trust or bylaws to: (1) Each shareholder entitled to
vote on the proposed amendment. (2) Each shareholder not entitled to vote on the proposed
amendment if the contract rights of the shareholder's shares, as expressly...
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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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10A-2-6.32
Section 10A-2-6.32 Cancellation of reacquired shares. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
A corporation may at any time, by resolution of its board of directors, and without shareholder
action: (1) Cancel all or any part of the shares of the corporation reacquired by it other
than shares the reissuance of which is prohibited by the articles of incorporation, and in
the event a statement of cancellation shall be filed under this section; or (2) File a statement
of cancellation with respect to shares the reissuance of which is prohibited by the articles
of incorporation. (b) The statement of cancellation shall be executed by the corporation and
delivered to the judge of probate for filing. The statement shall set forth: (1) The name
of the corporation; (2) The number of reacquired shares canceled by resolution duly adopted
by the board of directors, itemized by classes and series, and the date of...
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35-20-12
Section 35-20-12 Liens for unpaid assessments. (a) Except as may be otherwise provided in the
declaration or the governing documents of an association, an association shall have, and there
is declared, a lien on every lot for unpaid assessments levied against that lot arising on
and from the date the assessment is due as fixed and determined by the board of directors
at an annual meeting after giving notice as provided in Chapter 3 of Title 10A. The lien may
be enforced or foreclosed as provided in the declaration or governing documents or as provided
in this section. Written notice of the assessment and lien shall be given to the owner of
any lot on which the assessment and lien is claimed by personal delivery or first class United
States mail, postage prepaid. (b) A lien declared by this section shall have priority, except
as may be otherwise provided in Chapters 4 and 11, over all other subsequent liens and encumbrances
except state and county ad valorem taxes, municipal improvement...
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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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