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35-8A-312
Section 35-8A-312 Conveyance or encumbrance of common elements. (a) In a condominium portions
of the common elements may be conveyed or subjected to a security interest by the association
if persons entitled to cast at least 80 percent of the votes in the association, including
80 percent of the votes allocated to units not owned by a declarant, or any larger percentage
the declaration specifies, agree to that action; but all the owners of units to which any
limited common element is allocated must agree in order to convey that limited common element
or subject it to a security interest. The declaration may specify a smaller percentage only
if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale
or loan are an asset of the association. (b) An agreement to convey common elements in a condominium
or subject them to a security interest must be evidenced by the execution of an agreement,
or ratifications thereof, in the same manner as a deed, by the...
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35-8-10
Section 35-8-10 Bylaws of association. The bylaws govern the administration and management
of the condominium property by the association. In addition to such other provisions as may
be desired, not inconsistent with this chapter or the declaration, the bylaws shall contain:
(1) The form of administration, indicating the titles of the officers and governing board
of the association, if any, and specifying the powers, duties, and manner of selection, removal,
and compensation, if any, of officers and board members. (2) The name and residence address
of the person designated as agent to receive service of process upon the association if the
association is not incorporated. Such agent must be a resident of this state. (3) The method
of calling meetings of unit owners, the percentage of unit owners or voting rights required
to make decisions regarding administration and management of the condominium property and
to constitute a quorum, but such bylaws may nevertheless provide that unit...
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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-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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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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35-8-17
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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45-37-162.02
Section 45-37-162.02 Notice and hearing. (a) The county may not issue debt unless it gives
notice of the proposed debt issuance as provided in subsection (b) and a hearing is held as
provided in Section 45-37-162.03. The county may not enter into a swap agreement unless notice
of the proposed swap agreement is given as provided in subsection (d), a hearing is held as
provided in Section 45-37-162.03, and competitive bids for the swap agreement are requested
as provided in Section 45-37-162.04. (b) The county shall provide notice of a public hearing
on the proposed issuance of debt. The notice shall be published in a newspaper of general
circulation in the county not less than four days before the public hearing and shall include
a brief description of all of the following information with respect to the proposed debt:
(1) The maximum principal amount of debt to be issued and the purpose or purposes for which
the debt is to be issued. (2) The interest rate or rates on the debt, if...
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24-11-3
Section 24-11-3 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Definitions. As used
in this chapter, the following terms shall have the following meanings: (1) ACCOUNT HOLDER.
A first-time and second chance home buyer who establishes, individually or jointly with another
first-time and second chance home buyer, a first-time and second chance home buyer savings
account. (2) ALLOWABLE CLOSING COSTS. A disbursement listed on a settlement statement for
the purchase of a single-family residence in Alabama by a first-time and second chance home
buyer. (3) DEPARTMENT. Alabama Department of Revenue. (4) ELIGIBLE COSTS. The down payment
and allowable closing costs for the purchase of a single-family residence in Alabama by a
first-time and second chance home buyer. Eligible costs do not include any costs incurred
prior to the establishment of a first-time and second chance home buyer savings...
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5-2A-9
Section 5-2A-9 Superintendent - Procedure for promulgation of regulations; emergency regulations;
judicial review. (a) Prior to the adoption, amendment, or repeal of any regulation, the superintendent
shall: (1) Give at least 35 days' notice of the intended action. The notice shall include
a statement of either the terms or substance of the intended action or a description of the
subjects and issues involved, and the time when, the place where, and the manner in which
interested persons may present their views thereon. The notice shall be mailed to all banks
in this state and shall be published in a newspaper of general circulation in Montgomery County.
A complete copy of the proposed regulation shall be filed with the Secretary of State; and
(2) Afford all interested persons reasonable opportunity to submit data, views, or arguments,
orally or in writing. Opportunity for oral hearing must be granted if requested by 25 persons,
by a governmental subdivision or agency, or by an...
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8-32-6
Section 8-32-6 Prohibited acts. (a) A provider shall not use in its name the words insurance,
casualty, surety, mutual, or any other words descriptive of the insurance, casualty, or surety
business; or a name deceptively similar to the name or description of any insurance or surety
corporation, or to the name of any other provider. The word "guaranty" or similar
word may be used by a provider. This section shall not apply to a company that was using any
of the prohibited language in its name prior to August 1, 1997. However, a company using the
prohibited language in its name shall include in its service contracts a statement in substantially
the following form: "This agreement is not an insurance contract." (b) A person,
such as a bank, savings and loan association, lending institution, manufacturer, or seller
of any product, shall not require the purchase of a service contract as a condition of a loan
or a condition for the sale of any property. (Acts 1997, No. 97-445, p. 753, ยง6.)...
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