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35-8A-307
Section 35-8A-307 Upkeep of condominiums. (a) Except to the extent provided by the declaration,
subsection (b), or Section 35-8A-313(h), the association is responsible for maintenance, repair,
and replacement of the common elements, and each unit owner is responsible for maintenance,
repair, and replacement of his or her unit. Each unit owner shall afford to the association
and the other unit owners, and to their agents or employees, access through his or her unit
reasonably necessary for those purposes. If damage is inflicted on the common elements, or
on any unit through which access is taken, the unit owner responsible for the damage, or the
association if it is responsible, is liable for the prompt repair thereof. (b) In addition
to the liability that a declarant as a unit owner has under this chapter, the declarant alone
is liable for all expenses in connection with real estate subject to development rights. No
other unit owner and no other portion of the condominium is subject to...
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35-8A-315
Section 35-8A-315 Assessments for common expenses. (a) Until the association makes a common
expense assessment, the declarant must pay all common expenses. After any assessment has been
made by the association, assessments must be made at least annually, based on a budget adopted
at least annually by the association. (b) Except for assessments under subsections (c), (d),
and (e), all common expenses must be assessed against all the units in accordance with the
allocations set forth in the declaration pursuant to Section 35-8A-207(a) and (b). Any past
due common expense assessment or installment thereof bears interest at the rate established
by the association not exceeding 18 percent per year. (c) To the extent required by the declaration:
(1) Any common expense associated with the maintenance, repair, or replacement of a limited
common element must be assessed against the units to which that limited common element is
assigned, equally, or in any other proportion that the declaration...
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35-8-9
Section 35-8-9 Duties and responsibilities of association for administration and management
of property. The association provided for by the declaration shall be responsible for the
administration and management of the condominium property in accordance with this chapter,
the declaration, and the bylaws. The association may be incorporated or unincorporated. All
unit owners will be stockholders or members. Unless otherwise provided in the declaration,
the association, acting through its officers or governing board, shall have the powers enumerated
below: (1) The association may maintain, repair, replace, clean, and sanitize the common and
limited common elements. (2) The association may assess and collect funds and may pay for
common expenses and limited common expenses out of such funds as are appropriate. (3) In addition
to the enforcement of the covenants and restrictions concerning use, occupancy, and transfer
of units which are included in the declaration pursuant to section...
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35-8A-313
Section 35-8A-313 Insurance. (a) Commencing not later than the time of the first conveyance
of a unit to a person other than a declarant, the association shall maintain, to the extent
reasonably available: (1) Property insurance on the common elements insuring against all risks
of direct physical loss commonly insured against or, in the case of a conversion building,
against fire and extended coverage perils. The total amount of insurance after application
of any deductibles shall be not less than the greater of 80 percent of the actual cash value
of the insured property at the time the insurance is purchased or such greater percentage
of such actual cash value as may be necessary to prevent the applicability of any co-insurance
provision and at each renewal date, exclusive of land, excavations, foundations, and other
items normally excluded from property policies; and (2) Liability insurance, including medical
payments insurance, in an amount determined by the board but not less than...
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35-8-14
Section 35-8-14 Prohibited work. There shall be no material alteration of or substantial addition
to the common elements or limited common elements except as authorized by the declaration.
No unit owner shall contract for or perform any maintenance, repair, replacement, removal,
alteration, or modification of the common elements, or limited common elements, or any additions
thereto, except through the association and its officers. No unit owner shall take or cause
to be taken any action within his unit which would jeopardize the soundness or safety of any
part of the condominium property or impair any easement or right of any unit owner or affect
the common elements, or limited common elements, without the unanimous consent of all unit
owners who might be affected thereby. (Acts 1964, 1st Ex. Sess., No. 206, p. 266, §8; Acts
1973, No. 1059, p. 1732, §14.)...
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35-8A-302
Section 35-8A-302 Powers of unit owners' association. (a) Except as provided in subsection
(b), and subject to the provisions of the declaration, the association may: (1) Adopt and
amend bylaws and rules and regulations; (2) Adopt and amend budgets for revenues, expenditures,
and reserves and impose and collect assessments for common expenses from unit owners; (3)
Hire and discharge managing agents and other employees, agents, and independent contractors;
(4) Institute, defend, or intervene in litigation or administrative proceedings in its own
name on behalf of itself or two or more unit owners on matters affecting the condominium;
(5) Make contracts and incur liabilities; (6) Regulate the use, maintenance, repair, replacement,
and modification of common elements; (7) Cause additional improvements to be made as a part
of the common elements; (8) Acquire, hold, encumber, and convey in its own name any right,
title, or interest to real or personal property, but interests in the common...
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35-8A-403
Section 35-8A-403 Offering statement - General provisions. (a) Except as provided in subsection
(b), an offering statement must contain or fully and accurately disclose the following information
with regard to the condominium, including a proposed condominium: (1) The name and principal
address of the declarant; (2) The name and the address, legal description, or other description
of the location of the condominium, and the number and types of units in the condominium;
(3) A general description of the condominium, including to the extent possible, number and
types of buildings, structures, and amenities the declarant is obligated to build, and declarant's
schedule of commencement and completion of construction of buildings, structures, and amenities
the declarant is obligated to include in the condominium; (4) Copies of the declaration, as
well as any recorded plats, plans, easements, covenants, conditions, restrictions, and reservations
affecting the condominium; the certificate or...
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35-8A-205
Section 35-8A-205 Contents of declaration. (a) The declaration for a condominium must contain:
(1) The name of the condominium, which must include the word "condominium" or be
followed by the words "a condominium," and the name of the association; (2) The
name of every county in which any part of the condominium is situated; (3) A legally sufficient
description of the real estate included in the condominium; (4) A statement of the maximum
number of units which the declarant reserves the right to create; (5) A description of the
boundaries of each unit created by the declaration, including the unit's identifying number;
(6) A description of any limited common elements, other than those specified in Section 35-8A-202(2)
and (4), as provided in Section 35-8A-209(b)(10); (7) A description of any common elements
(except real estate subject to development rights) which may be allocated subsequently as
limited common elements, other than limited common elements specified in Section...
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35-8A-103
Section 35-8A-103 Definitions. In the declaration and bylaws, unless specifically provided
otherwise or the context otherwise requires, and in this chapter, the following terms are
defined as set forth below: (1) AFFILIATE OF A DECLARANT. Any person who controls, is controlled
by, or is under common control with a declarant. A person "controls" a declarant
if the person (i) is a general partner, officer, director, or employer of the declarant, (ii)
directly or indirectly or acting in concert with one or more other persons, or through one
or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing
more than 20 percent of the voting interest in the declarant, (iii) controls in any manner
the election of a majority of the directors of the declarant, or (iv) has contributed more
than 20 percent of the capital of the declarant. A person "is controlled by" a declarant
if the declarant (i) is a general partner, officer, director, or employer of the person,...
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8-32-2
Section 8-32-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADMINISTRATOR. The person designated by a provider to be responsible for the
administration of service contracts or the service contracts plan or to make the filings required
by this chapter. (2) COMMISSIONER. The Commissioner of Insurance of this state. (3) CONSUMER.
A natural person who buys, primarily for personal, family, or household purposes, and not
for resale, any tangible personal property normally used for personal, family, or household
purposes and not for commercial or research purposes. (4) MAINTENANCE AGREEMENT. A contract
of limited duration that provides for scheduled maintenance only. (5) MANUFACTURER. A person
that is one of the following: a. A manufacturer or producer of property that sells the property
under its own name or label. b. A subsidiary of the person who manufactures or produces the
property. c. A corporation which owns at least 80 percent of the...
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