reglab/housing_qa huggingface dataset:
AL Code § 35-6A-10 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6A - Alabama Uniform Partition of Heirs Property Act.|Section 35-6A-10 - Methods of Sale.

Section 35-6A-10Methods of sale.  (a) If the court orders a sale of heirs property, the court shall order that the sale be conducted by one or more of the following methods of sale: Open market sale with or without a broker or brokers; by sealed bids; public auction; or private sale. The court shall choose a method which shall be more economically advantageous and in the best interest of the cotenants as a group. (b) If the court orders an open market sale with or without a broker and the parties, not later than 10 days after the entry of the order, agree on a real estate broker or brokers licensed in this state to offer the property for sale, the court shall appoint the broker or brokers and establish terms of the listing agreement. If the parties do not agree on a broker or brokers, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish reasonable terms. The broker or brokers shall offer the property for sale in a commercially reasonable manner on the terms and conditions established by the court, at a price no lower than the determination of value unless the court orders otherwise for good cause shown. (c) If, in an open market sale, an offer is obtained to purchase the property for at least the determination of value or the amount ordered by the court and within a reasonable time, not to exceed 180 days: (1) The broker or seller shall comply with the reporting requirements in Section 35-6A-11; and (2) The sale may be completed in accordance with state law. (d) If, in an open market sale, an offer is not obtained to purchase the property within a reasonable time, not to exceed 180 days, for at least the determination of value or the amount ordered by the court, the court after hearing may: (1) Approve the highest outstanding offer, if any. (2) Order that the property continue to be offered for an additional time, with or without redetermining the value of the property. (3) Order that the property be sold by sealed bids or at an auction. (e) If the court orders a sale by auction, unless the parties otherwise agree or the court for good cause shown orders otherwise, the auction shall be conducted at the front door or main entrance to the courthouse of the county where the land or a substantial and material part thereof is located. The sale shall be held at a time specified by the court between the legal hours of sale of 11 a.m. to 4 p.m. on the day designated for the exercise of the auction to sell heirs property. (f) If a purchaser is entitled to a share of the net proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds. (Act 2014-299, p. 1080, §10.)
AL Code § 35-6A-11 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6A - Alabama Uniform Partition of Heirs Property Act.|Section 35-6A-11 - Report Required for Open Market Sale.

Section 35-6A-11Report required for open market sale.  (a) In an open market sale of heirs property, a broker or seller shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the determination of value or the amount ordered by the court. (b) The report required by subsection (a) shall contain all of the following information: (1) A description of the property to be sold to each buyer. (2) The name of each buyer. (3) The proposed purchase price. (4) The terms and conditions of the proposed sale, including the terms of any owner financing. (5) The amounts to be paid to lien holders. (6) A statement of contractual or other arrangements or conditions of the broker's commission. (7) Other material facts relevant to the sale. (Act 2014-299, p. 1080, §11.)
AL Code § 35-6A-12 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6A - Alabama Uniform Partition of Heirs Property Act.|Section 35-6A-12 - Effect on Mortgage, Lien, or Obligation.

Section 35-6A-12Effect on mortgage, lien, or obligation.  A partition, sale or other disposition of property pursuant to this chapter shall not affect or displace a mortgage or other lien on the property, and shall not affect or displace the obligations of any person who is a party to the mortgage or other lien or who is obligated on any note or other agreement secured by the mortgage or other lien. (Act 2014-299, p. 1080, §12.)
AL Code § 35-6A-13 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6A - Alabama Uniform Partition of Heirs Property Act.|Section 35-6A-13 - Construction With Other Laws.

Section 35-6A-13Construction with other laws.  In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform act. (Act 2014-299, p. 1080, §13.)
AL Code § 35-6A-14 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6A - Alabama Uniform Partition of Heirs Property Act.|Section 35-6A-14 - Relation to Federal Law.

Section 35-6A-14Relation to federal law. This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). (Act 2014-299, p. 1080, §14.)
AL Code § 35-7-1 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 7 - Partition Fences.|Section 35-7-1 - Defined.

Section 35-7-1Defined. Partition fences within the meaning of this chapter are fences erected on the line between lands owned by different persons. (Code 1852, §1109; Code 1867, §1292; Code 1876, §1597; Code 1886, §1375; Code 1896, §2123; Code 1907, §4244; Code 1923, §7974; Code 1940, T. 47, §251.)
AL Code § 35-7-2 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 7 - Partition Fences.|Section 35-7-2 - Joint Owners Authorized to Make Repairs.

Section 35-7-2Joint owners authorized to make repairs. Where a partition fence has been, or may hereafter be established by agreement of adjacent owners of land, each to keep up a particular part of such fence, if either fails to keep such part assigned to him in good repair, it shall be lawful for the other joint owner to repair such fence, the cost thereof to be paid by the one so failing; and if they cannot agree as to the amount to be paid for such repairs, the same is to be ascertained and collected as provided by this chapter. (Code 1876, §1596; Code 1886, §1374; Code 1896, §2122; Code 1907, §4243; Code 1923, §7973; Code 1940, T. 47, §250.)
AL Code § 35-7-3 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 7 - Partition Fences.|Section 35-7-3 - Expenses to Be Borne Proportionately by Adjoining Owners.

Section 35-7-3Expenses to be borne proportionately by adjoining owners. Partition fences between improved lands are to be erected and repaired at the joint expense of the occupants; or if any person makes a fence a partition fence by joining to or using it as such, he must pay to the person erecting it his proportion of the expense, taking into consideration the condition of such fence at the time it is so joined to or used. (Code 1852, §1105; Code 1867, §1288; Code 1876, §1592; Code 1886, §1370; Code 1896, §2118; Code 1907, §4247; Code 1923, §7977; Code 1940, T. 47, §252.)
AL Code § 35-7-4 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 7 - Partition Fences.|Section 35-7-4 - Ascertainment of Amount to Be Paid Upon Failure of Parties to Agree.

Section 35-7-4Ascertainment of amount to be paid upon failure of parties to agree. If the parties cannot agree, on application by either to the district court in the county in which such fence is, such court must issue an order in writing to three disinterested freeholders of such county, not related to either of the parties, to examine such fence, and to ascertain the amount to be paid to the owner erecting the same; and such freeholders, on a day to be by them appointed, of which both parties must have notice, must examine such fence and report to the court the proportionate amount to be paid to the person erecting the fence; and if such amount is not paid within 10 days after such report, the court must issue execution therefor, with costs, as provided in section 35-7-5, to be collected and returned as other executions. (Code 1852, §1106; Code 1867, §1289; Code 1876, §1593; Code 1886, §1371; Code 1896, §2119; Code 1907, §4248; Code 1923, §7978; Code 1940, T. 47, §253.)
AL Code § 35-7-5 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 7 - Partition Fences.|Section 35-7-5 - Fees.

Section 35-7-5Fees. The district court is entitled to $.50 for issuing the order, and the fence-viewers to $1.00 each; one half of which is to be paid by each party; and not being paid in 10 days after the report, execution must issue therefor, with costs for issuing such execution. (Code 1852, §1107; Code 1867, §1290; Code 1876, §1594; Code 1886, §1372; Code 1896, §2120; Code 1907, §4249; Code 1923, §7979; Code 1940, T. 47, §254.)
AL Code § 35-7-6 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 7 - Partition Fences.|Section 35-7-6 - Oath of Viewers.

Section 35-7-6Oath of viewers. The fence-viewers, before proceeding to act, must take an oath, which may be administered by one to the other, to discharge their duties fairly and impartially. (Code 1852, §1108; Code 1867, §1291; Code 1876, §1595; Code 1886, §1373; Code 1896, §2121; Code 1907, §4250; Code 1923, §7980; Code 1940, T. 47, §255.)
AL Code § 35-7-7 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 7 - Partition Fences.|Section 35-7-7 - Action to Recover Costs and Expenses.

Section 35-7-7Action to recover costs and expenses. If one joint owner or tenant in common of a partition fence, after 10 days' notice from other joint owners or tenants in common of such partition fence to assist or join with them in the erection of a partition fence, shall fail or refuse to assist in the erection, repair, or maintaining, and fail or refuse to pay his pro rata or aliquot part of the costs and expenses of erecting, repairing, or maintaining such fence, he shall be liable to the other joint owners or tenants in common of such fence for his pro rata or aliquot part of the costs and expenses of erecting, repairing, or maintaining such fence, to be recovered in any court having jurisdiction of such action. In all such trials, however, the propriety, necessity, as well as the amount for erecting, repairing, and maintaining shall be questions for the determination of the court or jury trying the case; the object and purpose of the law being that each joint owner or tenant in common shall bear his aliquot or proportionate part of the costs and expenses of erecting, repairing, and maintaining partition fences; but one tenant in common shall not have the right, capriciously or unnecessarily to erect, repair, or expend money in maintaining such fences and thereby require other tenants in common or joint owners of such partition fences to expend money uselessly or unnecessarily, nor to contribute thereto when the fence is erected exclusively for the benefit of the owner so erecting it. The remedy given by this section shall not be exclusive of other remedies provided in this Code for similar cases. (Code 1923, §7981; Code 1940, T. 47, §256.)
AL Code § 35-8-1 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8 - Condominium Ownership.|Section 35-8-1 - Short Title.

Section 35-8-1Short title. This chapter shall be known as the "Condominium Ownership Act." (Acts 1964, 1st Ex. Sess., No. 206, p. 266, §1; Acts 1973, No. 1059, p. 1732, §1.)
AL Code § 35-8-2 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8 - Condominium Ownership.|Section 35-8-2 - Definitions.

Section 35-8-2Definitions. For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) ASSOCIATION. The entity responsible for the administration and management of the condominium property. (2) COMMON ELEMENTS. A part or parts of the condominium property as set forth in the declaration in which all of the unit owners have an undivided interest. (3) COMMON EXPENSES. The expenses arising out of ownership of common elements for which the unit owners are liable to the association in accordance with the declaration and bylaws. (4) COMMON SURPLUS. The excess of all receipts of the association arising out of ownership of common elements over the amount of common expenses. (5) CONDOMINIUM. The form of ownership of real or personal property or a combination thereof under a declaration providing for ownership of units of the property by one or more owners. Such units may consist of private elements together with an undivided interest in common and limited common elements. (6) CONDOMINIUM PROPERTY. The property covered by the declaration and all easements, rights, and interests belonging thereto or intended for the benefit thereof. Where such property is real property there is no requirement that it be contiguous. (7) DECLARATION. The declaration as described in Section 35-8-7, as such declaration may be amended from time to time. (8) LIMITED COMMON ELEMENTS. A part or parts of the condominium property as set forth in the declaration in which more than one but not all unit owners have an undivided interest. (9) LIMITED COMMON EXPENSES. The expenses arising out of ownership of limited common elements for which the unit owners are liable to the association in accordance with the declaration and bylaws. (10) LIMITED COMMON SURPLUS. The excess of all receipts of the association arising out of ownership of limited common elements over the amount of limited common expenses. (11) PERSON. Any individual, corporation, partnership, association, trustee, fiduciary, or other legal entity. (12) PRIVATE ELEMENTS. A part or parts of the condominium property as set forth in the declaration and intended for exclusive ownership or possession by a unit owner. (13) UNIT. The private elements of the condominium property together with the undivided interest in the common elements and limited common elements which are assigned thereto in the declaration or any amendment thereof. (Acts 1964, 1st Ex. Sess., No. 206, p. 266, §2; Acts 1973, No. 1059, p. 1732, §2.)
AL Code § 35-8-3 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8 - Condominium Ownership.|Section 35-8-3 - Applicability of Chapter.

Section 35-8-3Applicability of chapter. This chapter shall be applicable only to property, the sole owner or all of the owners of which execute and record a declaration as provided in Section 35-8-7. (Acts 1964, 1st Ex. Sess., No. 206, p. 266, §3; Acts 1973, No. 1059, p. 1732, §3.)
AL Code § 35-8-4 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8 - Condominium Ownership.|Section 35-8-4 - Units to Constitute Real Property.

Section 35-8-4Units to constitute real property. Each unit shall be deemed real property, the ownership of which may be in fee simple or any other estate in real property recognized by law in this state, including a lease or sublease. (Acts 1964, 1st Ex. Sess., No. 206, p. 266, §4; Acts 1973, No. 1059, p. 1732, §4.)
AL Code § 35-8-5 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8 - Condominium Ownership.|Section 35-8-5 - Unit Ownership, Possession, and Enjoyment.

Section 35-8-5Unit 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 time. (6) Easements through other units for conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units and the common and limited common elements. (7) An easement of support in every other unit which contributes to the support of such unit. (8) The right of access to a public street or highway. (9) Such other incidents to ownership, possession, and enjoyment as the declaration may provide. (Acts 1973, No. 1059, p. 1732, §5.)
AL Code § 35-8-6 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8 - Condominium Ownership.|Section 35-8-6 - Common and Limited Common Elements.

Section 35-8-6Common and limited common elements. (a) The undivided interest in the common elements and limited common elements or the method for determining such interests shall be set forth in the declaration. (b) Any conveyance, lease, devise, or other disposition or mortgage or encumbrance of any unit shall extend to and include such undivided interest in the common and limited common elements, whether or not expressly referred to in the instrument effecting the same. (c) The common elements and limited common elements shall remain undivided from the condominium property and shall not be the object of an action for partition or division unless the condominium property is removed from the provisions of this chapter as provided in Section 35-8-20. Nothing in this chapter shall be construed as a limitation on partition of individual interests in a unit or units by co-owners of such unit or units. (d) The undivided interest of each unit owner in the common elements and limited common elements or the method for determining such interests shall be as set forth in the declaration and shall not thereafter be changed unless the owners of record of the units affected thereby and the holders of record of any liens thereon shall have agreed to an amendment to the declaration which specifies such change. Such agreement may be made either in advance of or at the time of such amendment. The amended declaration shall be duly recorded. (Acts 1964, 1st Ex. Sess., No. 206, p. 266, §6; Acts 1973, No. 1059, p. 1732, §6.)
AL Code § 35-8-8 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8 - Condominium Ownership.|Section 35-8-8 - Unit Deeds and Other Instruments.

Section 35-8-8Unit deeds and other instruments. (a) Prior to the conveyance of any unit, plans or other graphic description, certified by a licensed or registered engineer or architect, in sufficient detail to identify the common elements, limited common elements, and private elements comprising such unit as built, shall be recorded as a part of the declaration or as an amendment thereto. Such unit shall be identified by assigning a distinctive letter, number, or other means of identification by which it may be separately identified from the other units. Where the plans or other graphic description of two or more elements of any unit or units are identical, a single plan or other graphic description of such elements shall be sufficient to satisfy the requirements of this chapter. (b) Prior to the conveyance of any unit, a copy of the bylaws and any amendments thereto shall be recorded in the same public records as the declaration and amendments thereto. (c) A deed, mortgage, lease, or other instrument pertaining to a unit shall have the same force and effect in regard to such unit as would be given to a like instrument pertaining to other real property which has been similarly made, executed, acknowledged, and recorded. In addition to such other matters as may be desired, not inconsistent with this chapter or the declaration, a unit deed shall contain the following: (1) The name of the condominium property as set forth in the declaration. (2) The name of the county or counties in which the condominium property is located. (3) The distinctive unit identification required by subsection (a) of this section, together with a reference to the recording office and the book and page where the declaration and bylaws and amendments thereto are recorded. (4) A statement of the proportionate undivided interests in the common elements and limited common elements assigned to such unit or the method for determining such interests as set forth in the declaration or any amendments thereto. (Acts 1964, 1st Ex. Sess., No. 206, p. 266, §12; Acts 1973, No. 1059, p. 1732, §8.)
AL Code § 35-8-10 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8 - Condominium Ownership.|Section 35-8-10 - Bylaws of Association.

Section 35-8-10Bylaws 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 owners may waive notice of meetings or may act by written agreement without meetings. (4) Provision for the maintenance of accounting records, in accordance with generally accepted accounting principles, open to inspection by unit owners at reasonable times. Such records shall include: a. A record of all receipts and expenditures. b. An account for each unit, setting forth any shares of common expenses or limited common expenses or other charges due, the due dates thereof, the present balance due and any interest in common surplus or limited common surplus. (5) The method of amending the bylaws, which shall require recording of any such amendment before it shall become effective. Such method need not be the same as that used for amendment of the declaration. (Acts 1964, 1st Ex. Sess., No. 206, p. 266, §§18, 19; Acts 1973, No. 1059, p. 1732, §10.)
AL Code § 35-8-11 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8 - Condominium Ownership.|Section 35-8-11 - Recordation of Documents and Instruments.

Section 35-8-11Recordation of documents and instruments. The declaration and any amendments thereto, the bylaws and any amendments thereto, and all deeds, mortgages, liens, and other such documents and instruments relating to the condominium which are required to be recorded shall be recorded in the county or counties where the real property is located. (Acts 1964, 1st Ex. Sess., No. 206, p. 266, §15; Acts 1973, No. 1059, p. 1732, §11.)