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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 35-19-6 – Relation to Zoning and Other Laws Regulating Use.

Section 35-19-6 Relation to zoning and other laws regulating use. This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or […]