reglab/housing_qa huggingface dataset:
AL Code § 35-8A-301 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-301 - Organization of Unit Owners' Association.

Section 35-8A-301Organization of unit owners' association. A unit owners' association must be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of all former unit owners entitled to distributions of proceeds under section 35-8A-218, or their heirs, successors, or assigns. The association must be organized as a profit or nonprofit corporation. (Acts 1990, No. 90-551, p. 858, §3-101.)
AL Code § 35-8A-302 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-302 - Powers of Unit Owners' Association.

Section 35-8A-302Powers 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 elements other than those set forth in subdivision (9) may be conveyed or subjected to a security interest only pursuant to Section 35-8A-312; (9) Grant easements, encroachments, leases, licenses, and concessions through or over the common elements; (10) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements, other than limited common elements described in Section 35-8A-202(2) and (4), and for services provided to unit owners; (11) Impose against owners of units charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association; (12) Impose reasonable charges for the preparation and recordation of amendments to the declaration, resale certificates required by Section 35-8A-409, or statements of unpaid assessments; (13) Provide for the indemnification of its officers and board and maintain directors' and officers' liability insurance; (14) Assign its right to future income, including the right to receive common expense assessments, but only to the extent the declaration expressly so provides, or as required to secure a loan that is otherwise allowed or provided for in the governing documents; (15) Exercise any other powers conferred by the declaration or bylaws; (16) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and (17) Exercise any other powers necessary and proper for the governance and operation of the association. (b) The declaration may not impose limitations on the power of the association to deal with the declarant which are more restrictive than the limitations imposed on the power of the association to deal with other persons. (Acts 1990, No. 90-551, p. 858, §3-102; Act 98-149, p. 252, §1; Act 2018-403, §1.)
AL Code § 35-8A-305 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-305 - Termination of Contracts and Leases of Declarant.

Section 35-8A-305Termination 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 purpose of avoiding the right of the association to terminate a lease under this section. (Acts 1990, No. 90-551, p. 858, §3-105; Act 2018-403, §1.)
AL Code § 35-8A-306 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-306 - Bylaws.

Section 35-8A-306Bylaws. (a) The bylaws of the association must provide for: (1) The number of members of the board and the titles of the officers of the association; (2) Election by the board of a president, treasurer, secretary, and any other officers of the association the bylaws specify; (3) The qualifications, powers and duties, terms of office, and manner of electing and removing board members and officers and filling vacancies; (4) Which, if any, of its powers the board or officers may delegate to other persons or to a managing agent; (5) Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and (6) The method of amending the bylaws, but in no event shall the required percentage for amendment of the bylaws exceed two-thirds of the total association. (b) Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate. (Acts 1990, No. 90-551, p. 858, §3-106.)
AL Code § 35-8A-307 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-307 - Upkeep of Condominiums.

Section 35-8A-307Upkeep of condominiums. (a) Except to the extent provided by the declaration, subsection (b), or Section 35-8A-313(h), the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of his or her unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through his or her unit reasonably necessary for those purposes. If damage is inflicted on the common elements, or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof. (b) In addition to the liability that a declarant as a unit owner has under this chapter, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the condominium is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant. (Acts 1990, No. 90-551, p. 858, §3-107; Act 2018-403, §1.)
AL Code § 35-8A-308 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-308 - Meetings.

Section 35-8A-308Meetings. A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board or by unit owners having 20 percent, or any lower percentage specified in the bylaws, of the votes in the association. Not less than 10 nor more than 60 days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove an officer or a member of the board. (Acts 1990, No. 90-551, p. 858, §3-108.)
AL Code § 35-8A-309 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-309 - Quorums.

Section 35-8A-309Quorums. (a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast 20 percent of the votes which may be cast for election of the board are present in person or by proxy at the beginning of the meeting. (b) Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the board if persons entitled to cast 50 percent of the votes on that board are present at the beginning of the meeting. (Acts 1990, No. 90-551, p. 858, §3-109.)
AL Code § 35-8A-310 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-310 - Voting; Proxies.

Section 35-8A-310Voting; proxies. (a) If only one of the multiple owners of a unit is present at a meeting of the association, he or she is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners, unless either the declaration or bylaws expressly provides otherwise. There is majority agreement if any one of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit. (b) Votes allocated to a unit may be cast pursuant to a proxy duly executed by the unit owner except as provided in Section 35-8A-303(g). If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term. (c) If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units: (i) the provisions of subsections (a) and (b) apply to lessees as if they were unit owners; (ii) unit owners who have leased their units to other persons may not cast votes on those specified matters; and (iii) lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners. Unit owners must also be given notice, in the manner provided in Section 35-8A-308, of all meetings at which lessees may be entitled to vote. (d) No votes allocated to a unit owned by the association may be cast. (Acts 1990, No. 90-551, p. 858, §3-110; Act 2018-403, §1.)
AL Code § 35-8A-311 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-311 - Tort and Contract Liability.

Section 35-8A-311Tort 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 declarant is also liable for all reasonable litigation expenses, including reasonable attorneys fees, incurred by the association. Any statute of limitation affecting the association's right of action under this section is tolled until the period of declarant control terminates. A unit owner is not precluded from bringing an action contemplated by this section solely because he or she is a unit owner, or a member or officer of the association. Liens resulting from judgments against the association are governed by Section 35-8A-317. (Acts 1990, No. 90-551, p. 858, §3-111; Act 2018-403, §1.)
AL Code § 35-8A-312 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-312 - Conveyance or Encumbrance of Common Elements.

Section 35-8A-312Conveyance 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 requisite number of unit owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The 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) The association, on behalf of the unit owners, may contract to convey an interest in a condominium pursuant to subsection (a), but the contract is not enforceable against the association until approved pursuant to subsections (a) and (b). Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments. (d) Any purported conveyance, encumbrance, judicial sale, or other voluntary transfer of common elements, unless made pursuant to this section, is void. (e) A conveyance or encumbrance of common elements pursuant to this section does not deprive any unit of its rights of access and support. (f) Unless the declaration otherwise provides, a conveyance or encumbrance of common elements pursuant to this section does not affect the priority or validity of pre-existing encumbrances. (Acts 1990, No. 90-551, p. 858, §3-112; Act 2018-403, §1.)
AL Code § 35-8A-314 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-314 - Surplus Funds.

Section 35-8A-314Surplus funds. Unless otherwise provided in the declaration or bylaws, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves must be paid to the unit owners in proportion to their common expense liabilities or credited to them to reduce their future common expense assessments, or held in reserve. (Acts 1990, No. 90-551, p. 858, §3-114; Act 2018-403, §1.)
AL Code § 35-8A-315 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-315 - Assessments for Common Expenses.

Section 35-8A-315Assessments for common expenses. (a) Until the association makes a common expense assessment, the declarant must pay all common expenses. After any assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association. (b) Except for assessments under subsections (c), (d), and (e), all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to Section 35-8A-207(a) and (b). Any past due common expense assessment or installment thereof bears interest at the rate established by the association not exceeding 18 percent per year. (c) To the extent required by the declaration: (1) Any common expense associated with the maintenance, repair, or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion that the declaration provides; (2) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited; and (3) The costs of insurance must be assessed in proportion to risk and the costs of utilities may be assessed in proportion to usage. (d) Assessments to pay a judgment against the association under Section 35-8A-317(a) may be made only against the units in the condominium at the time the judgment was entered, in proportion to their common expense liabilities. (e) If any common expense is caused by the misconduct of any unit owner or such unit owner's invitee, the association may assess that expense exclusively against his or her unit after notice and an opportunity to be heard. (f) If common expense liabilities are reallocated, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities. (g) All assessments, including utilities, fees, and other charges shall also constitute the personal obligation of the unit owner to the association. (h) No unit owner other than the association shall be exempted from any liability for any assessment under this code section or under any condominium instrument for any reason whatsoever, including, without limitation, abandonment, nonuse, or waiver of the use or enjoyment of his or her unit or any part of the common elements. (Acts 1990, No. 90-551, p. 858, §3-115; Act 2018-403, §1.)
AL Code § 35-8A-317 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-317 - Other Liens Affecting the Condominium.

Section 35-8A-317Other liens affecting the condominium. (a) Except as provided in subsection (b), a judgment for money against the association if recorded is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of the units in the condominium at the time the judgment was entered. No other property of a unit owner is subject to the claims of creditors of the association. (b) If the association has granted a security interest in the common elements to a creditor of the association pursuant to Section 35-8A-312, the holder of that security interest shall exercise its right against the common elements before its judgment lien on any unit may be enforced. (c) Whether perfected before or after the creation of the condominium, if a lien other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the condominium, becomes effective against two or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to his or her unit, and the lienholder, upon receipt of payment, promptly shall deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio which that unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien. (d) A judgment against the association must be indexed in the name of the condominium and the association and, when so indexed, is notice of the lien against the units. (Acts 1990, No. 90-551, p. 858, §3-117; Acts 1991, No. 91-553, §1(3); Act 2018-403, §1.)
AL Code § 35-8A-318 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-318 - Association Records.

Section 35-8A-318Association records. The association shall keep financial records sufficiently detailed to enable the association to comply with Section 35-8A-409. All financial and other records shall be made reasonably available for examination by any unit owner and his or her authorized agents and such records shall be made available in the county where the condominium is located. A reasonable fee or hourly charge may be assessed for this service. (Acts 1990, No. 90-551, p. 858, §3-118; Act 2018-403, §1.)
AL Code § 35-8A-319 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 8A - Alabama Uniform Condominium Act.|Article 3 - Management of Condominiums.|Section 35-8A-319 - Association as Trustee.

Section 35-8A-319Association as trustee. With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee. (Acts 1990, No. 90-551, p. 858, §3-119.)