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35-8A-412
Section 35-8A-412 Conversion buildings. (a) A declarant of a condominium containing conversion
buildings, and any person in the business of selling real estate for his or her own account
who intends to offer units in such a condominium shall give each of the residential tenants
and any residential subtenant in possession of a portion of a conversion building notice of
the conversion no later than 60 days before the tenants and any subtenant in possession are
required to vacate. The notice must set forth generally the rights of tenants and subtenants
under this section and shall be hand-delivered to the unit or mailed by prepaid United States
mail to the tenant and subtenant at the address of the unit or any other mailing address provided
by a tenant. No tenant or subtenant may be required to vacate upon less than 60 days' notice,
except by reason of nonpayment of rent, waste, or conduct that disturbs other tenants' peaceful
enjoyment of the premises, and the terms of the tenancy may...
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35-8A-311
Section 35-8A-311 Tort and contract liability. Neither the association, any association mortgagee,
nor any unit owner except the declarant is liable for that declarant's torts in connection
with any part of the condominium which that declarant has the responsibility to maintain.
Otherwise, an action alleging a wrong done by the association shall be brought against the
association and not against any unit owner. If the wrong occurred during any period of declarant
control and the association gives the declarant reasonable notice of and an opportunity to
defend against the action, the declarant who then controlled the association is liable to
the association or to any unit owner: (i) for all tort losses not covered by insurance suffered
by the association or that unit owner; and (ii) for all costs which the association would
not have incurred but for a breach of contract or other wrongful act or omission. Whenever
the declarant is liable to the association under this section, the...
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35-8A-215
Section 35-8A-215 Use for sales purposes. A declarant may maintain sales offices, management
offices, and models in units or on common elements in the condominium only if the declaration
so provides and specifies the rights of a declarant with regard to the number, size, location,
and relocation thereof. Any sales office, management office, or model not designated a unit
by the declaration is a common element, and if a declarant ceases to be a unit owner, he or
she ceases to have any rights with regard thereto unless it is removed promptly from the condominium
in accordance with a right to remove reserved in the declaration. Subject to any limitations
in the declaration, a declarant may maintain signs on the common elements advertising the
condominium. The provisions of this section are subject to the provisions of other state law,
and to local ordinances. (Acts 1990, No. 90-551, p. 858, §2-115; Act 2018-403, §1.)...
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35-8A-218
Section 35-8A-218 Termination of condominium. (a) Except in the case of a taking of all the
units by eminent domain specified in Section 35-8A-107, a condominium may be terminated only
by agreement of unit owners of units to which at least 80 percent of the votes in the association
are allocated, or any larger percentage the declaration specifies. The declaration may specify
a smaller percentage only if all of the units in the condominium are restricted exclusively
to nonresidential uses. (b) An agreement to terminate must be evidenced by the execution of
a termination agreement, or ratifications thereof, in the same manner as a deed, by the requisite
number of unit owners. The termination agreement must specify a date after which the agreement
will be void unless it is recorded before that date. A termination agreement and all ratifications
thereof must be recorded in every county in which a portion of the condominium is situated,
and is effective only upon recordation. (c) In the...
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34-27-50
Section 34-27-50 Definitions. For the purposes of this article, the following terms shall have
the meaning respectively ascribed to them by this section: (1) ACCOMMODATIONS. Any hotel or
motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any other private
or commercial structure designed for occupancy by one or more individuals or any recreational
vehicle campsite or campground. (2) BUSINESS ENTITY. Any individual, corporation, firm, association,
joint venture, partnership, trust, estate, business trust, syndicate, fiduciary, and any other
group or combination which engages in acts or practices in any trade or commerce. (3) CONTRACT.
Any contract, promissory note, credit agreement, negotiable instrument, lease, use agreement,
license, security, or other muniment conferring on the purchaser the rights, benefits, and
obligations of a vacation time-sharing plan. (4) COMMISSION. The Alabama Real Estate Commission.
(5) COMMISSIONER. A member of the Alabama Real Estate...
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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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35-8-8
Section 35-8-8 Unit deeds and other instruments. (a) Prior to the conveyance of any unit, plans
or other graphic description, certified by a licensed or registered engineer or architect,
in sufficient detail to identify the common elements, limited common elements, and private
elements comprising such unit as built, shall be recorded as a part of the declaration or
as an amendment thereto. Such unit shall be identified by assigning a distinctive letter,
number, or other means of identification by which it may be separately identified from the
other units. Where the plans or other graphic description of two or more elements of any unit
or units are identical, a single plan or other graphic description of such elements shall
be sufficient to satisfy the requirements of this chapter. (b) Prior to the conveyance of
any unit, a copy of the bylaws and any amendments thereto shall be recorded in the same public
records as the declaration and amendments thereto. (c) A deed, mortgage, lease, or...
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35-8A-409
Section 35-8A-409 Resales of units. (a) Except in the case of a sale where delivery of an offering
statement is required, or unless exempt under Section 35-8A-401(b), a unit owner upon written
request by a purchaser of a unit previously disposed of, which written request must be made
within 14 days of the date the purchaser signs the contract with a purchaser, shall furnish
to a purchaser before the conveyance and in any event within 15 days of receipt of the written
request, a copy of the declaration, the bylaws, the rules, and the regulations of the association,
and a certificate containing: (1) A statement setting forth the amount of the periodic common
expense assessment; (2) A statement setting forth the amount of any unpaid common expense
or special assessments against the unit either past due or then due owing; (3) A statement
of any other assessments or fees assessed against the unit or the unit owner either past due
or then due and owing; (4) The most recent regularly prepared...
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35-8A-217
Section 35-8A-217 Amendment of declaration. (a) Except in cases of amendments that may be executed
by a declarant under section 35-8A-209(f) or 35-8A-210; the association under section 35-8A-107,
35-8A-206(d), 35-8A-208(c), 35-8A-212(a), or 35-8A-213; or by certain unit owners under section
35-8A-208(b), 35-8A-212(a), 35-8A-213(b), or 35-8A-218(b), and except as limited by subsection
(d), the declaration, including the plats and plans, may be amended only by the affirmative
vote or agreement of unit owners of units to which at least two-thirds of the votes in the
association are allocated, or any larger majority the declaration specifies. The declaration
may specify a smaller number only if all of the units are restricted exclusively to non-residential
use. (b) No action to challenge the validity of an amendment adopted by the association pursuant
to this section may be brought more than one year after the amendment is recorded. (c) Every
amendment to the declaration must be recorded...
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35-8A-317
Section 35-8A-317 Other liens affecting the condominium. (a) Except as provided in subsection
(b), a judgment for money against the association if recorded is not a lien on the common
elements, but is a lien in favor of the judgment lienholder against all of the units in the
condominium at the time the judgment was entered. No other property of a unit owner is subject
to the claims of creditors of the association. (b) If the association has granted a security
interest in the common elements to a creditor of the association pursuant to Section 35-8A-312,
the holder of that security interest shall exercise its right against the common elements
before its judgment lien on any unit may be enforced. (c) Whether perfected before or after
the creation of the condominium, if a lien other than a deed of trust or mortgage, including
a judgment lien or lien attributable to work performed or materials supplied before creation
of the condominium, becomes effective against two or more units, the...
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