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35-8A-406
Section 35-8A-406 Offering statement - Condominiums containing conversion buildings. The offering
statement of a condominium containing any conversion building containing units that may be
occupied for residential use must contain, in addition to the information required by Section
35-8A-403: (1) A statement by the declarant, to the best of declarant's knowledge, of the
approximate age of structural components and mechanical and electrical installations which
are material to the use and enjoyment of the buildings or an affirmative statement in bold
face print that no representations are made in that regard and; (2) A list of any outstanding
notices of uncured violations of building code or other municipal regulations, together with
the estimated cost of curing those violations. (Acts 1990, No. 90-551, p. 858, §4-106; Act
2018-403, §1.)...
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35-8A-405
Section 35-8A-405 Offering statement - Time shares. If the declaration provides that ownership
or occupancy of any units is or may be in time shares, the offering statement shall disclose,
in addition to the information required by section 35-8A-403: (1) The number and identity
of units in which time shares may be created; (2) The total number of time shares that may
be created; (3) The minimum duration of any time shares that may be created; and (4) The extent
to which the creation of time shares will or may affect the enforceability of the association's
lien for assessments provided in section 35-8A-316. (Acts 1990, No. 90-551, p. 858, §4-105.)...
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40-5-12
Section 40-5-12 Payments by purchasers, lien holders or mortgagees of real estate. A purchaser,
lien holder, or mortgagee of real estate or personal property included in an assessment with
other real estate or personal property of the person to whom the real estate or personal property
was assessed or subject to the lien of taxes upon other real estate or personal property shall
not be required to pay the entire amount of taxes due by the person or corporation to whom
such real estate or personal property purchased or on which a lien or mortgage is held is
assessed, but may discharge the tax lien against such real estate or personal property purchased
or on which a lien or mortgage is held by paying to the tax collector of the county in which
such taxes are due and payable the actual amount of taxes due on such real estate or personal
property purchased or in which a lien or mortgage is held based on the taxable value of such
purchased or encumbered property as assessed for taxation by...
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35-8-17
Section 35-8-17 Liens in favor of association. The association shall have a lien on each unit
for any unpaid assessment duly made by the association for a share of common expenses, limited
common expenses or otherwise, together with interest thereon and, if authorized by the declaration
or bylaws, reasonable attorney's fees. Such lien shall be effective from and after the time
of recording in the public records of the county in which the unit is located of a claim of
lien stating the description of the unit, the name of the record owner, the amount due, and
the date when due. Such claim of lien shall include only sums which are due and payable when
the claim of lien is recorded and shall be signed and verified by an officer or agent of the
association. Upon full payment of all sums secured by the lien, the party making payment shall
be entitled to a recordable satisfaction of lien. All such liens shall be subordinate to any
lien for taxes, the lien of any mortgage of record, and any...
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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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7-9A-338
Section 7-9A-338 Priority of security interest or agricultural lien perfected by filed financing
statement providing certain incorrect information. If a security interest or agricultural
lien is perfected by a filed financing statement providing information described in Section
7-9A-516(b)(5) which is incorrect at the time the financing statement is filed: (1) the security
interest or agricultural lien is subordinate to a conflicting perfected security interest
in the collateral to the extent that the holder of the conflicting security interest gives
value in reasonable reliance upon the incorrect information; and (2) a purchaser, other than
a secured party, of the collateral takes free of the security interest or agricultural lien
to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives
value and, in the case of tangible chattel paper, tangible documents, goods, instruments,
or a security certificate, receives delivery of the collateral. (Act...
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40-10-187
Section 40-10-187 Tax lien certificate. (a) The tax collecting official shall make, execute,
and deliver a tax lien certificate to each purchaser at a tax lien sale or auction or to each
assignee thereafter and shall collect from the purchaser or assignee a fee of five dollars
($5) for each tax lien certificate. The tax lien certificate shall be in a form provided by
the Department of Revenue and shall also include a certificate of redemption form as provided
in Section 40-10-194. (b) A tax lien certificate shall evidence the auction or sale or assignment
to the holder of the tax lien certificate of the delinquent and unpaid taxes, penalties, interest,
fees, and costs set forth therein and represented by the tax lien. (c) A tax lien certificate
shall bear the interest rate per annum as bid on by the purchaser at the tax lien auction
or as agreed upon by the purchaser at the tax lien sale, until the tax lien certificate is
redeemed as provided pursuant to Section 40-10-193. (d) The tax...
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40-10-74
Section 40-10-74 Right of purchaser or assignee to possession; redemption when lien is recorded.
Any purchaser of lands at a tax sale other than the state or anyone claiming under him shall
be entitled to possession of said lands immediately upon receipt of certificate of sale from
the tax collector; and, if possession is not surrendered within six months after demand therefor
is made by said purchaser or his assignee, the said purchaser or his assignee may maintain
an action in ejectment or a statutory real action in the nature of ejectment, or other proper
remedy for the recovery of the possession of the lands purchased at such sales and shall be
entitled to hold the possession thereof on recovery, subject, however, to all rights of redemption
provided for in this title. If the mortgage or other instrument creating a lien under which
a party seeks to redeem is duly recorded at the time of said tax sale, the said party shall,
in addition to the time in this title specified, have the...
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15-25-34
Section 15-25-34 Corroborative evidence prerequisite to admission of statement. Before a statement
may be admitted pursuant to this article on the grounds that the child declarant is unavailable
as a witness, such statement may be admitted only if there is corroborative evidence of the
act. (Acts 1989, No. 89-876, p. 1754, §4.5.)...
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35-11-47
Section 35-11-47 Fees. The fee for filing and indexing each notice of lien or certificate or
notice affecting the lien is: (1) For a lien on real estate, the same as the then applicable
uniform fee for filing and indexing financing statements pursuant to Section 7-9A-525 of the
Uniform Commercial Code; (2) For a lien on tangible and intangible personal property, the
same as the then applicable uniform fee for filing and indexing financing statements established
by Section 7-9A-525 of the Uniform Commercial Code; (3) For a certificate of discharge or
subordination of a lien filed under subdivision (1) or (2) prior to July 1, 2000 --$5 for
the first page and $1 for each additional page; (4) For a certificate of discharge or subordination
of a lien filed under subdivision (1) or (2) on or after July 1, 2000 --no fee; and (5) For
all other notices, including a certificate of release or nonattachment --$5 for the first
page and $1 for each additional page. For purposes of this section, any...
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