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22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure Interstate
Compact. The Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted
into law and entered into with all other jurisdictions legally joining therein in form substantially
as follows: SECTION 1. PURPOSE In order to protect the public through verification of competency
and ensure accountability for patient care related activities all states license emergency
medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs
and paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel
across state boundaries in the performance of their EMS duties as assigned by an appropriate
authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel
licensed in a member state. This Compact recognizes that states have a vested interest in
protecting the public's health and safety...
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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-404
Section 35-8A-404 Offering statement - Condominiums subject to development rights. If the declaration
provides that a condominium is subject to any development rights, the offering statement must
disclose, in addition to the information required by Section 35-8A-403: (1) The maximum number
of units that may be created; (2) A statement of how many or what percentage of the units
which may be created will be restricted exclusively to residential use, or a statement that
no representations are made regarding use restrictions; (3) If any of the units that may be
built within real estate subject to development rights are not to be restricted exclusively
to residential use, a statement as to whether there is a maximum percentage of the units which
may be used for nonresidential purposes; (4) A statement of any development rights reserved
by a declarant and of any conditions relating to or limitations upon the exercise of development
rights; (5) A statement of the maximum extent to which the...
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35-8A-408
Section 35-8A-408 Purchaser's right to cancel. (a) A person required to deliver the required
documents or report pursuant to Section 35-8A-402(c) or 35-8A-407 shall provide a purchaser
of a unit with a copy of the offering statement and all amendments thereto not later than
the date of any contract of sale. Unless a purchaser is given the required documents more
than seven days before execution of a contract for the purchase of a unit, the purchaser may
cancel the contract within seven days after first receiving the required documents or report.
(b) If a purchaser elects to cancel a contract or conveyance pursuant to subsection (a), he
or she may do so by hand-delivering notice thereof to the offeror or by mailing notice thereof
by prepaid United States mail to the offeror or to his or her agent for service of process.
Cancellation is without penalty, and all payments made by the purchaser before cancellation
shall be refunded promptly. (c) If a person required to deliver an offering...
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35-8A-305
Section 35-8A-305 Termination of contracts and leases of declarant. If entered into before
the board elected by the unit owners pursuant to Section 35-8A-303(f) takes office: (i) any
management contract, employment contract, or lease of recreational or parking areas or facilities;
(ii) any other contract or lease between the association and a declarant or an affiliate of
a declarant; or (iii) any contract or lease that is not bona fide or was unconscionable to
the unit owners at the time entered into under the circumstances then prevailing, may be terminated
without penalty by the association during the current term of the contract or lease after
the board elected by the unit owners pursuant to Section 35-8A-303(f) takes office upon not
less than 90 days' notice to the other party. This section does not apply to any lease the
termination of which would terminate the condominium or reduce its size, unless the real estate
subject to that lease was included in the condominium for the...
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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-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-413
Section 35-8A-413 Express warranties. (a) Express warranties made by the declarant, an affiliate
of the declarant, or any person in the business of selling real estate for his or her own
account, to a purchaser of a unit, if relied upon by the purchaser, are created as follows:
(1) Any affirmation of material fact or material promise which relates to the unit, its use,
or rights appurtenant thereto, improvements to the condominium that would directly benefit
the unit, or the right to use or have the benefit of facilities not located in the condominium,
creates an express warranty that the unit and related rights and uses will conform to the
affirmation or promise; (2) Any model or description of the physical characteristics of the
condominium, including plans and specifications of or for improvements, creates an express
warranty that the condominium will substantially conform to the model or description; (3)
Any description of the quantity or extent of the real estate comprising the...
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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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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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