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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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27-22-60
Section 27-22-60 Definitions. As used in this article, the following terms shall have the following
meanings: (1) LENDER. A person who holds a mortgage, lien, deed of trust, or other security
interest in property. The term includes an assignee, receiver, or other transferee of the
interest. (2) RESIDENTIAL REAL PROPERTY. Any of the following: a. A single-family house. b.
A duplex, triplex, or quadraplex. c. A unit in a multi-unit residential structure in which
title to an individual unit is transferred to the owner of the unit under a condominium or
cooperative system. (Act 2019-460, §1.)...
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35-8A-318
Section 35-8A-318 Association records. The association shall keep financial records sufficiently
detailed to enable the association to comply with Section 35-8A-409. All financial and other
records shall be made reasonably available for examination by any unit owner and his or her
authorized agents and such records shall be made available in the county where the condominium
is located. A reasonable fee or hourly charge may be assessed for this service. (Acts 1990,
No. 90-551, p. 858, §3-118; Act 2018-403, §1.)...
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22-27-60
Section 22-27-60 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE SEPTEMBER 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. As used in this article,
the following terms shall have the following meanings: (1) LENDER. A person who holds a mortgage,
lien, deed of trust, or other security interest in property. The term includes an assignee,
receiver, or other transferee of the interest. (2) RESIDENTIAL REAL PROPERTY. Any of the following:
a. A single-family house. b. A duplex, triplex, or quadraplex. c. A unit in a multi-unit residential
structure in which title to an individual unit is transferred to the owner of the unit under
a condominium or cooperative system. (Act 2019-460, §1.)...
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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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35-8A-203
Section 35-8A-203 Construction and validity of declaration and bylaws. (a) All provisions of
the declaration and bylaws are severable. (b) The rule against perpetuities may not be applied
to defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant
to section 35-8A-302(a)(1). (c) In the event of a conflict between the provisions of the declaration
and the bylaws, the declaration prevails except to the extent the declaration is inconsistent
with this chapter. (d) Title to a unit and common elements is not rendered unmarketable or
otherwise affected by reason of an insubstantial failure of the declaration to comply with
this chapter. The determination of whether a substantial failure impairs marketability is
not governed by this chapter. (Acts 1990, No. 90-551, p. 858, §2-103.)...
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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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11-48-100
Section 11-48-100 Apportionment of assessment against property for public improvement among
joint owners thereof authorized; discharge of portion of assessment lien upon payment of portion
of assessment. When an assessment for public improvements is levied against a tract of land
owned by tenants in common, the governing body of any municipality may, upon petition of an
owner or owners of said tract of land, split or divide the original assessment against the
same and may apportion the cost of the improvements among the several portions or divisions
of said tract of land and shall, upon the payment of the amount so charged or assessed against
any separate portion or division, discharge said portion or division from the lien for improvements
against the same. (Acts 1919, No. 61, p. 65; Code 1923, §2248; Code 1940, T. 37, §578.)...
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35-8A-102
Section 35-8A-102 Applicability. (a) This chapter applies to all condominiums created within
this state after January 1, 1991. Sections 35-8A-104 (Variation by agreement), 35-8A-105 (Separate
titles and taxation), 35-8A-106 (Applicability of local ordinances, regulations, and building
codes), 35-8A-107 (Eminent domain), 35-8A-203 (Construction and validity of declaration and
bylaws), 35-8A-204 (Description of units), 35-8A-302(a)(1) through (a)(6) and (a)(11) through
(a)(16) (Powers of unit owners' association), 35-8A-311 (Tort and contract liability), 35-8A-316
(Lien for assessments), 35-8A-318 (Association records), 35-8A-409 (Resales of units), and
35-8A-417 (Substantial completion of units), and Section 35-8A-103 (Definitions), to the extent
necessary in construing any of those sections, apply to all condominiums created in this state
before January 1, 1991; but those sections apply only with respect to events and circumstances
occurring after January 1, 1991, and do not invalidate...
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15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable
satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended
to be used in, or derived from, a felony offense. Except as provided otherwise in this article,
the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition
shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290,
inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's interest
in any type of property shall not be forfeited under this article for any act or omission
unless the state proves that the act or omission was committed or omitted with the knowledge
or consent of that owner or lienholder. (2) The state may stipulate that the interest of an
innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof
of the claim. The state shall file the stipulation with the court...
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