35-8A-207
Section 35-8A-207 Allocation of common element interests, votes, and common expense liabilities.
(a) The declaration must allocate to each unit in a condominium a fraction or percentage of
undivided interests in the common elements and in the common expenses of the association specified
in section 35-8A-315(a), and a portion of the votes in the association, to each unit and state
the formulas used to establish allocations of interest. Those allocations may not discriminate
in favor of units owned by the declarant or an affiliate of the declarant. (b) If units may
be added to or withdrawn from the condominium, the declaration must state the formulas to
be used to reallocate the allocated interests among all units included in the condominium
after the addition or withdrawal. (c) The declaration may provide: (i) that different allocations
of votes shall be made to the units on particular matters specified in the declaration; (ii)
for cumulative voting only for the purpose of electing...
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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-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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35-8A-314
Section 35-8A-314 Surplus funds. Unless otherwise provided in the declaration or bylaws, any
surplus funds of the association remaining after payment of or provision for common expenses
and any prepayment of reserves must be paid to the unit owners in proportion to their common
expense liabilities or credited to them to reduce their future common expense assessments,
or held in reserve. (Acts 1990, No. 90-551, p. 858, §3-114; Act 2018-403, §1.)...
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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-211
Section 35-8A-211 Alterations of units. Subject to the provisions of the declaration and other
provisions of law, a unit owner: (1) May make any improvements or alterations to his or her
unit that do not impair the structural integrity, or mechanical systems, or lessen the support
of any portion of the condominium; (2) May not substantially or adversely change the appearance
of the common elements, or the exterior appearance of a unit or any other portion of the condominium,
without permission of the association; (3) After acquiring an adjoining unit, or an adjoining
part of an adjoining unit, may remove or alter any intervening partition or create apertures
therein, even if the partition in whole or in part is a common element, if those acts do not
impair the structural integrity or mechanical systems or lessen the support of any portion
of the condominium. Removal of partitions or creation of apertures under this subdivision
is not an alteration of boundaries. (Acts 1990, No. 90-551,...
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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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33-2-201
Section 33-2-201 Special purpose obligations. (a) The department, from time to time, may issue
special purpose obligations, which shall be limited obligations of the department payable
from and secured solely by a pledge of private facility payments made by or on behalf of one
or more commercial enterprises for the right to use the private facilities financed thereby
and shall not be payable from docks facilities revenues or otherwise give rise to any liability
on the part of the department other than the private facility payments pledged as security
therefor. No special purpose obligation shall give rise to any liability or constitute a debt
or obligation of the state or a charge against its credit or taxing powers. (b) Any special
purpose obligations shall be issued pursuant to a resolution of the board of directors of
the department. As security for the payment of any special purpose obligations, the department
is authorized to pledge for the payment of the obligations any private...
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35-1-4
Section 35-1-4 Right of access to cemetery on privately owned or leased property. (a) Owners
and lessees of private land on which a cemetery, graves, or burial sites are located shall
have a duty to allow ingress and egress to the cemetery, graves, or burial sites by (1) family
members, friends, or descendants of deceased persons buried there; (2) any cemetery plot owner;
and (3) any person engaged in genealogical, historical, or cultural research, who has given
reasonable notice to the owner of record or to the lessees, or both. (b)(1) The right of ingress
and egress granted by this section shall be reasonable and limited to the purposes of visiting
graves or burial sites, maintaining the gravesite or burial site or cemetery, or conducting
genealogical, historical, or cultural research, or, in the case of a plot owner, burying a
deceased person in the plot. (2) The owner or lessee of the land has the right to designate
the frequency, hours, and duration of the access and the access...
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35-20-11
Section 35-20-11 Powers of board. (a) The board of directors, to the extent authorized by the
declaration and governing documents, may do the following: (1) Suspend a member's right to
use facilities or services provided directly through the association for nonpayment of assessments
under subdivision (2), to the extent that access to the member's lot is not denied. (2) Assess
reasonable penalties against a member for any violation of the declaration or rules adopted
by the board of directors after the member is afforded the opportunity to be heard and represented
by counsel before the board of directors. (b) If a tenant of a member violates the declaration
or rules adopted by the board of directors, in addition to exercising any of its powers and
rights against the member, the board of directors may do any of the following: (1) Exercise
any of the actions authorized in subdivision (1) of subsection (a) directly against a tenant
of a member. (2) Assess a penalty authorized in...
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