Section 35-20-7 – Election of a Board of Directors and Officers; Modification of Declaration.
Section 35-20-7 Election of a board of directors and officers; modification of declaration. A declaration or the governing documents of a homeowners’ association may provide for a period in which the declarant will maintain control of the election of directors and officers of the association and a right to reasonably alter, amend, or modify the […]
Section 35-20-8 – Priority of Declaration.
Section 35-20-8 Priority of declaration. If a conflict exists between the declaration and the governing documents of a homeowners’ association, the declaration prevails, except to the extent that the declaration is inconsistent with this chapter. (Act 2015-292, §8.)
Section 35-20-9 – Notice of Election.
Section 35-20-9 Notice of election. (a) Within 120 days of the date the members have the right to elect a board of directors pursuant to the declaration or other governing documents of the association to elect a board of directors, the declarant shall give written notice pursuant to Section 10A-3-2.03 of a special meeting of […]
Section 35-20-10 – Delivery of Certain Information to the Board Upon Election.
Section 35-20-10 Delivery of certain information to the board upon election. Within 90 days of the selection of the board of directors of the association as provided in Section 35-20-9, the declarant, or his or her designee, shall deliver to the board of directors all of the following: (1) All books, records, and governing documents […]
Section 35-20-11 – Powers of Board.
Section 35-20-11 Powers of board. (a) The board of directors, to the extent authorized by the declaration and governing documents, may do the following: (1) Suspend a member’s right to use facilities or services provided directly through the association for nonpayment of assessments under subdivision (2), to the extent that access to the member’s lot […]
Section 35-20-12 – Liens for Unpaid Assessments.
Section 35-20-12 Liens for unpaid assessments. (a) Except as may be otherwise provided in the declaration or the governing documents of an association, an association shall have, and there is declared, a lien on every lot for unpaid assessments levied against that lot arising on and from the date the assessment is due as fixed […]
Section 35-20-13 – Records.
Section 35-20-13 Records. (a) A homeowners’ association subject to this chapter shall maintain records and information to be made available to each member or potential purchaser, upon written request, within a reasonable time not to exceed 30 days from the date of the request, and upon the payment of reasonable associated costs. Any homeowners’ association […]
Section 35-20-14 – Dissolution and Liquidation of Assets Upon Termination of Declaration.
Section 35-20-14 Dissolution and liquidation of assets upon termination of declaration. Upon the termination of a declaration, or at such other time as required by law, the board of directors shall take those steps necessary for the immediate dissolution and liquidation of the association and any remaining assets. (Act 2015-292, §15.)
Section 35-15-21 – Definitions.
Section 35-15-21 Definitions. Unless the context thereof clearly indicates to the contrary, as used in this article the following terms shall have the following meanings: (1) OWNER. Any public or private organization of any character, including a partnership, corporation, association, any individual, or any federal, state or local political subdivision or any agency of any […]
Section 35-18-3 – Actions Affecting a Conservation Easement.
Section 35-18-3 Actions affecting a conservation easement. (a) An action affecting a conservation easement may be brought by any of the following: (1) An owner of an interest in the real property burdened by the easement. (2) A holder of the easement. (3) A person having a third-party right of enforcement only to the extent […]