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8-6-2
Section 8-6-2 Definitions. When used in this article, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION or SECURITIES COMMISSION. The securities commission. (2) AGENT. Any individual
other than a dealer who represents a dealer or issuer in effecting or attempting to effect
sales of securities, but such term does not include an individual who represents an issuer
in: a. Effecting a transaction in a security exempted by subdivisions (1), (2), (3), (4),
(9) or (10) of Section 8-6-10; b. Effecting transactions exempted by Section 8-6-11; or c.
Effecting transactions with existing employees, partners, or directors of the issuer if no
commission or other remuneration is paid or given directly or indirectly for soliciting any
person in this state. A partner, officer, or director of a dealer or issuer is an agent if
he otherwise comes within this definition. (3) DEALER. Any person engaged in the...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. ยง1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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33-18-1
of the ACT Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACT Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACT Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACT Basin among the States of Alabama and
Georgia; and (13) To perform all functions required of it by this...
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33-19-1
of the ACF Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACF Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACF Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACF Basin among the States of Alabama,
Florida and Georgia; and (13) To perform all functions required of it by...
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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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35-8-5
Section 35-8-5 Unit ownership, possession, and enjoyment. Any unit may be held and owned by
one or more persons in any form of ownership, real estate tenancy, or relationship recognized
under the laws of this state. A unit may be used for residential, commercial, industrial,
professional, or any other use not prohibited by law. There shall be included with each unit
the following: (1) The private elements as set forth in the declaration. (2) An undivided
interest in such limited common elements as may be set forth in the declaration. (3) The right
of ownership and to exclusive use and possession of such private elements. (4) The right to
use such common elements and limited common elements in accordance with the declaration and
bylaws, but consistent with the lawful rights of other unit owners. (5) An exclusive easement
for the use of any air space occupied by the private elements as they exist at any particular
time and as they may lawfully be altered or reconstructed from time to...
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35-20-2
Section 35-20-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ASSOCIATION. A homeowners' association. (2) BOARD OF DIRECTORS.
The group of persons vested with the management of the association irrespective of the name
by which the group is designated. (3) COMMON AREA. Property within a development which is
owned, leased, or required by the declaration to be maintained or operated by a homeowners'
association for the use of its members and designated as common area in the declaration or
on a recorded subdivision map or plat. (4) DECLARANT. The person or entity who submits property
to a declaration. (5) DECLARATION. Any instrument, however denominated, including any amendment,
modification, restatement, or supplement, recorded in the office of the judge of probate in
the county in which the development or any part thereof is located which satisfies the following:
a. Imposes on the association maintenance or operational...
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35-8A-202
Section 35-8A-202 Unit boundaries. Except as provided by the declaration: (1) If walls, floors,
or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard,
plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting
any part of the finished surfaces thereof are a part of the unit, and all other portions of
the walls, floors, or ceilings are a part of the common elements. (2) If any chute, flue,
duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within
and partially outside the designated boundaries of a unit, any portion thereof serving only
that unit is a limited common element allocated solely to that unit, and any portion thereof
serving more than one unit or any portion of the common elements is a part of the common elements.
(3) Subject to the provisions of subdivision (2), all spaces, interior partitions, and other
fixtures and improvements within the boundaries of a...
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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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