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35-8A-208
Section 35-8A-208 Limited common elements. (a) Except for the limited common elements described
in Section 35-8A-202(2) and (4), the declaration must specify to which unit or units each
limited common element is allocated. An allocation may not be altered without the consent
of the association and the unit owners whose units are affected by the amendment. (b) Except
as the declaration otherwise provides, a limited common element may be reallocated by an amendment
to the declaration executed by the unit owners between or among whose units the reallocation
is made. The association shall prepare, execute, and record the amendment which is subject
to Section 35-8A-217(e), and the cost shall be borne by the unit owners executing the amendment.
The amendment shall be recorded and indexed in the names of the unit owners executing the
amendment, the condominium, and the association. (c) A common element not previously allocated
as a limited common element may not be so allocated except...
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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-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-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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35-8A-105
Section 35-8A-105 Separate titles and taxation. (a) If there is any unit owner other than a
declarant, each unit that has been created, together with its interest in the common elements,
constitutes for all purposes a separate parcel of real estate. (b) If there is any unit owner
other than a declarant, each unit must be separately taxed and assessed, and no separate tax
or assessment may be rendered against any common elements for which a declarant has reserved
no development rights. (c) Any portion of the common elements for which the declarant has
reserved any development right may be separately taxed and assessed against the declarant,
and, if separately taxed and assessed, the declarant alone would be liable for payment of
those taxes. (d) If there is no unit owner other than a declarant, the real estate comprising
the condominium may be taxed and assessed in any manner provided by law. (e) All laws authorizing
exemptions or deductions from taxation shall be applicable to each...
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35-19-2
Section 35-19-2 Definitions. The following terms shall have the following meanings: (1) ACTIVITY
AND USE LIMITATIONS. Restrictions or obligations created under this chapter with respect to
real property. (2) AGENCY or DEPARTMENT. The Alabama Department of Environmental Management.
(3) COMMON INTEREST COMMUNITY. A condominium, cooperative, or other real property with respect
to which a person, by virtue of the person's ownership of a parcel of real property, is obligated
to pay property taxes or insurance premiums, or for maintenance, or improvement of other real
property described in a recorded covenant that creates the common interest community. (4)
DIRECTOR. The Director of the Alabama Department of Environmental Management or his or her
designated representative. (5) ENVIRONMENTAL COVENANT. A servitude arising under an environmental
response project that imposes activity and use limitations. (6) ENVIRONMENTAL RESPONSE PROJECT.
A plan or work performed for environmental remediation...
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35-8A-206
Section 35-8A-206 Leasehold condominiums. (a) Any lease the expiration or termination of which
may terminate the condominium or reduce its size shall be recorded. Every lessor of those
leases must sign the declaration, and the declaration must state: (1) The recording data for
the lease, the date of the lease, and the date of its recordation; (2) The date on which the
lease is scheduled to expire; (3) A legally sufficient description of the real estate subject
to the lease; (4) Any right of the unit owners to redeem the reversion and the manner whereby
those rights may be exercised, or a statement that they do not have those rights; (5) Any
right of the unit owners to remove any improvements within a reasonable time after the expiration
or termination of the lease, or a statement that they do not have those rights; and (6) Any
rights of the unit owners to renew the lease and the conditions of any renewal, or a statement
that they do not have those rights. (b) After the declaration for...
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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, ยง3-108.)...
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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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13A-8-23
Section 13A-8-23 Tampering with availability of gas, electricity, or water. (a) The following
terms shall have the meanings ascribed thereto unless the context clearly indicates otherwise:
(1) OWNER. Includes any part owner, joint owner, tenant-in-common, joint tenant, or tenant
by the entirety of the whole or part of any building. (2) PERSON. Includes a corporation,
firm, company, or association. (3) TENANT or OCCUPANT. Shall include any person who occupies
the whole or a part of any building whether alone or with others and shall include the owner.
(4) UTILITY. Any public or private utility authorized to provide electricity, natural gas,
or water or any combination thereof for sale to consumers in any particular service area.
(5) UTILITY SERVICES. The products, commodities, and services provided by a utility to its
customers. (b) It shall be unlawful for a tenant, occupant, or any other person to commit
any of the following acts which could, or in fact does, make gas, electricity, or...
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