reglab/housing_qa huggingface dataset:
AL Code § 35-6-118 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-118 - Sale When Partition Impracticable.

Section 35-6-118Sale when partition impracticable. If the commissioners find it impracticable to make division of the crops in specie, or that it is necessary to sell a portion thereof to make or equalize the division, they shall at once report that fact to the probate court, which shall thereupon order the crops to be sold for division, and shall issue a writ to the sheriff commanding him to make such sale; and such sale, and the distribution of the proceeds thereof, shall be made as provided in section 35-6-116. (Code 1876, §3527; Code 1886, §3272; Code 1896, §3197; Code 1907, §5243; Code 1923, §9347; Code 1940, T. 47, §240.)
AL Code § 35-6-119 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-119 - Replacement of Commissioners Upon Failure to Act.

Section 35-6-119Replacement of commissioners upon failure to act. If any of the commissioners for any cause fail to act, others may, at any time before division made, be appointed in their stead, and they shall have the same powers as if they had been originally appointed. (Code 1886, §3273; Code 1896, §3198; Code 1907, §5244; Code 1923, §9348; Code 1940, T. 47, §241.)
AL Code § 35-6-120 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-120 - Objections to Commissioners' Report; Confirming or Setting Aside Report.

Section 35-6-120Objections to commissioners' report; confirming or setting aside report. Any of the parties may file objections to the report of the commissioners making the division, within 10 days after the same is returned, and, when filed, a day must be appointed to hear the same, of which notice, not exceeding 10 days, shall be given to all the other parties in interest; and on the evidence adduced on such hearing, the report shall be confirmed or set aside, as equity and justice may demand; and if the report is set aside, new commissioners shall be appointed to make division, who shall proceed as provided in this article for those originally appointed. (Code 1876, §3528; Code 1886, §3275; Code 1896, §3200; Code 1907, §5246; Code 1923, §9350; Code 1940, T. 47, §243.)
AL Code § 35-6-121 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-121 - Delivery of Shares.

Section 35-6-121Delivery of shares. If all the parties consent in writing, the sheriff, immediately after division is made, shall deliver to each party his share of the crops; but if such consent is not given, the crops must be held by him until after the report of the commissioners has been confirmed, when he shall deliver the same to the parties entitled thereto, unless a supersedeas bond on appeal is given. (Code 1876, §3529; Code 1886, §3276; Code 1896, §3201; Code 1907, §5247; Code 1923, §9351; Code 1940, T. 47, §244.)
AL Code § 35-6-122 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-122 - Trial by Jury.

Section 35-6-122Trial by jury. Either party shall be entitled to a trial by jury, on demand made therefor at any time before the hearing, and the jury shall decide the facts under the charge of the judge. When a jury is demanded, the court shall order the sheriff to summon 12 men, or, by agreement of the parties, any less number, competent to serve as jurors; and the mode of swearing, impaneling, challenging, and supplying the places of jurors shall be the same, so far as practicable, as in the circuit court, on the trial of civil actions. (Code 1876, §3531; Code 1886, §3277; Code 1896, §3202; Code 1907, §5248; Code 1923, §9352; Code 1940, T. 47, §245.)
AL Code § 35-6-123 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-123 - Costs and Fees.

Section 35-6-123Costs and fees. The probate court may tax the costs against the unsuccessful party litigating, or against the crops, which may be sold in amount sufficient to satisfy the same, if not paid; but each share shall be charged with only its proportion of the costs. If the crops involved are worth less than $100.00, the judge, sheriff, jurors, commissioners, and witnesses shall only be allowed half the fees for similar services in other cases; if over $100.00, the same fees as they are allowed for such services in other cases. (Code 1876, §3532; Code 1886, §3278; Code 1896, §3203; Code 1907, §5249; Code 1923, §9353; Code 1940, T. 47, §246.)
AL Code § 35-6-124 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-124 - Appeals.

Section 35-6-124Appeals. Any of the parties, within 10 days thereafter, may appeal to the circuit or Supreme Court from the decree of partition or sale, or from a decree confirming or setting aside the commissioners' report, under the regulations governing appeals in other cases from decrees of the probate court to the circuit or Supreme Court; and such decree may be superseded pending the appeal by the appellant, on giving bond in double the amount of the value of the interests of the other parties in the crops, with sufficient surety, to be approved by the judge of probate, and with condition to have the crops forthcoming to abide the decree to be finally rendered in the cause, and in the event of his failure to do so, to pay all costs and damages arising therefrom. (Code 1876, §3530; Code 1886, §3279; Code 1896, §3204; Code 1907, §5250; Code 1923, §9354; Code 1940, T. 47, §247.)
AL Code § 35-6-125 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-125 - Recordation of Papers.

Section 35-6-125Recordation of papers. All papers connected with the proceedings shall be filed, but shall not be recorded unless one or more of the parties request it, in which case such party or parties shall pay the costs thereof; and the papers, or the record thereof, shall be evidence of title between the parties and their privies, to their respective shares of the crops. (Code 1876, §3533; Code 1886, §3280; Code 1896, §3205; Code 1907, §5251; Code 1923, §9355; Code 1940, T. 47, §248.)
AL Code § 35-6-126 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-126 - Article Applicable to Assignees; Remedy Not Exclusive.

Section 35-6-126Article applicable to assignees; remedy not exclusive. The provisions of this article shall apply to the assignee of any joint owner or tenant in common; but the remedy hereby given shall not prevent a resort to any other remedy allowed by law. (Code 1876, §3535; Code 1886, §3281; Code 1896, §3206; Code 1907, §5252; Code 1923, §9356; Code 1940, T. 47, §249.)
AL Code § 35-8A-101 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 1 - General Provisions.|Section 35-8A-101 - Short Title.

Section 35-8A-101Short title. This chapter shall be known and may be cited as the "Alabama Uniform Condominium Act of 1991." (Acts 1990, No. 90-551, p. 858, §1-101.)
AL Code § 35-8A-102 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 1 - General Provisions.|Section 35-8A-102 - Applicability.

Section 35-8A-102Applicability. (a) This chapter applies to all condominiums created within this state after January 1, 1991. Sections 35-8A-104 (Variation by agreement), 35-8A-105 (Separate titles and taxation), 35-8A-106 (Applicability of local ordinances, regulations, and building codes), 35-8A-107 (Eminent domain), 35-8A-203 (Construction and validity of declaration and bylaws), 35-8A-204 (Description of units), 35-8A-302(a)(1) through (a)(6) and (a)(11) through (a)(16) (Powers of unit owners' association), 35-8A-311 (Tort and contract liability), 35-8A-316 (Lien for assessments), 35-8A-318 (Association records), 35-8A-409 (Resales of units), and 35-8A-417 (Substantial completion of units), and Section 35-8A-103 (Definitions), to the extent necessary in construing any of those sections, apply to all condominiums created in this state before January 1, 1991; but those sections apply only with respect to events and circumstances occurring after January 1, 1991, and do not invalidate existing provisions of the declaration, bylaws, plats or plans of those condominiums. (b) The provisions of Sections 35-8-1 through 35-8-22 do not apply to condominiums created after January 1, 1991, unless the declaration so provides in the case of a condominium containing four or fewer units and do not invalidate any amendment to the declaration, bylaws, plats, or plans of any condominium created before January 1, 1991, if the amendment would be permitted by this chapter. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by Sections 35-8-1 through 35-8-22. If the amendment grants to any person any rights, powers, or privileges permitted by this chapter, all correlative obligations, liabilities, and restrictions in this chapter also apply to that person. (c) This chapter does not apply to condominiums or units located outside this state, but the offering statement provisions (Sections 35-8A-402 through 35-8A-408) apply to all contracts for the disposition thereof signed by a resident of this state unless: (i) the transaction is exempt under Section 35-8A-401(b); (ii) the transaction is exempt pursuant to Section 35-8A-407; or (iii) the state in which the condominium is located has statutory disclosure requirements and all terms thereof have been met. (d) If a condominium contains no more than four units and is not subject to any development rights, the condominium may be created pursuant to this chapter or pursuant to Sections 35-8-1 to 35-8-22, inclusive, and the declaration of condominium shall declare the chapter that shall govern the condominium. (Acts 1990, No. 90-551, p. 858, §1-102; Act 2018-403, §1.)
AL Code § 35-8A-104 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 1 - General Provisions.|Section 35-8A-104 - Variation by Agreement.

Section 35-8A-104Variation by agreement. Except as expressly provided in this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration. (Acts 1990, No. 90-551, p. 858, §1-104.)
AL Code § 35-8A-105 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 1 - General Provisions.|Section 35-8A-105 - Separate Titles and Taxation.

Section 35-8A-105Separate 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 individual unit to the same extent they are applicable to other property. (Acts 1990, No. 90-551, p. 858, §1-105; Act 2018-403, §1.)
AL Code § 35-8A-106 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 1 - General Provisions.|Section 35-8A-106 - Applicability of Local Ordinances, Regulations, and Building Codes.

Section 35-8A-106Applicability of local ordinances, regulations, and building codes. (a) A building code may not impose any requirements upon any structure in a condominium which it would not impose upon a physically identical structure under a different form of ownership. (b) No zoning, subdivision, or other real estate use law, ordinance, or regulation may prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership. (c) Except as provided in subsections (a) and (b), the provisions of this chapter do not invalidate or modify any provision of any zoning, subdivision, building code, or other real estate use law, ordinance, rule, or regulation governing the use of real estate. (Acts 1990, No. 90-551, p. 858, §1-106; Act 2018-403, §1.)
AL Code § 35-8A-107 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 1 - General Provisions.|Section 35-8A-107 - Eminent Domain.

Section 35-8A-107Eminent domain. (a) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element. (b) Except as provided in subsection (a), if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, (i) that unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration, and (ii) the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests. (c) If part of the common elements is acquired by eminent domain the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be divided among the owners of the units in accordance with the value of the interest assigned to the unit in that particular limited common element to which that limited common element was allocated at the time of acquisition. (d) The court decree shall be recorded in every county in which any portion of the condominium is located. (Acts 1990, No 90-551, p. 858, §1-107; Act 2018-403, §1.)
AL Code § 35-8A-108 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 1 - General Provisions.|Section 35-8A-108 - Supplemental General Principles of Law Applicable.

Section 35-8A-108Supplemental general principles of law applicable. The principles of law and equity, including the law of corporations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter. (Acts 1990, No. 90-551, p. 858, §1-108.)
AL Code § 35-8A-109 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 1 - General Provisions.|Section 35-8A-109 - Construction Against Implicit Repeal.

Section 35-8A-109Construction against implicit repeal. This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. (Acts 1990, No. 90-551, p. 858, §1-109).
AL Code § 35-8A-110 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 1 - General Provisions.|Section 35-8A-110 - Chapter to Be Liberally Construed; Remedies Liberally Administered.

Section 35-8A-110Chapter to be liberally construed; remedies liberally administered. (a) Notwithstanding a finding that this chapter is in derogation of the common law, it should be liberally construed to effectuate its purpose of encouraging development and construction of condominium property under the provisions of this chapter. The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. (b) Any right or obligation declared by this chapter is enforceable by judicial proceeding. (Acts 1990, No. 90-551, p. 858, §1-112.)
AL Code § 35-8A-201 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-201 - Creation of Condominium.

Section 35-8A-201Creation of condominium. (a) A condominium may be created pursuant to this chapter only by filing a declaration executed in the same manner as a deed with the judge of probate in every county in which any portion of the condominium is located. (b) The judge of probate shall index the declaration of condominium in the grantee's index in the name of the condominium and the association and in the grantor's index in the name of each person executing the declaration. (c) A declaration or an amendment to a declaration adding units to a condominium is not effective unless all structural components and mechanical systems of all buildings containing or comprising any units thereby created are substantially complete, as evidenced by a recorded certificate of substantial completion of structural and mechanical systems executed by an independent registered engineer or independent registered architect. (Acts 1990, No. 90-551, p. 858, §2-101; Act 2018-403, §1.)
AL Code § 35-8A-202 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-202 - Unit Boundaries.

Section 35-8A-202Unit 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 unit are a part of the unit. (4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit. (Acts 1990, No. 90-551, p. 858, §2-102.)
AL Code § 35-8A-203 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-203 - Construction and Validity of Declaration and Bylaws.

Section 35-8A-203Construction and validity of declaration and bylaws. (a) All provisions of the declaration and bylaws are severable. (b) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant to section 35-8A-302(a)(1). (c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this chapter. (d) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this chapter. The determination of whether a substantial failure impairs marketability is not governed by this chapter. (Acts 1990, No. 90-551, p. 858, §2-103.)
AL Code § 35-8A-204 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 2 - Creation, Alteration, and Termination of Condominiums.|Section 35-8A-204 - Description of Units.

Section 35-8A-204Description of units. A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county in which the condominium is located, and the identifying number of the unit, is a sufficient legal description of that unit and all rights, obligations, and interests appurtenant to that unit which were created by the declaration or bylaws. (Acts 1990, No. 90-551, p. 858, §2-104.)