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 […]
Section 35-19-13 – Regulations; Fees.
Section 35-19-13 Regulations; fees. The department is authorized to adopt regulations and assess fees to implement provisions of this chapter. (Act 2007-464, p. 972, §13.)
Section 35-15-22 – Inspection and Warning Not Required.
Section 35-15-22 Inspection and warning not required. Except as specifically recognized by or provided in this article, an owner of outdoor recreational land who permits non-commercial public recreational use of such land owes no duty of care to inspect or keep such land safe for entry or use by any person for any recreational purpose, […]
Section 35-18-4 – Validity of Easement.
Section 35-18-4 Validity of easement. A conservation easement is valid even though any of the following apply: (1) It is not appurtenant to an interest in real property. (2) It can be or has been assigned to another holder. (3) It is not of a character that has been recognized traditionally at common law. (4) […]
Section 35-19-14 – Construction With Federal Law.
Section 35-19-14 Construction with federal law. This chapter modifies, limits, or supersedes the federal 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 of that act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any of the notices described in […]
Section 35-15-23 – Limitations on Legal Liability of Owner.
Section 35-15-23 Limitations on legal liability of owner. Except as expressly provided in this article, an owner of outdoor recreational land who either invites or permits non-commercial public recreational use of such land does not by invitation or permission thereby: (1) Extend any assurance that the outdoor recreational land is safe for any purpose; (2) […]
Section 35-18-5 – Creation of Instrument; Other Interests Valid.
Section 35-18-5 Creation of instrument; other interests valid. (a) Any instrument intended to create a conservation easement under this chapter shall contain an explicit reference to that effect. (b) This chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that […]
Section 35-20-1 – Short Title.
Section 35-20-1 Short title. This chapter shall be known and may be cited as the Alabama Homeowners’ Association Act. (Act 2015-292, §1.)
Section 35-15-24 – Otherwise Existing Liability Not Limited.
Section 35-15-24 Otherwise existing liability not limited. (a) Nothing in this article limits in any way legal liability which otherwise might exist when such owner has actual knowledge: (1) That the outdoor recreational land is being used for non-commercial recreational purposes; (2) That a condition, use, structure, or activity exists which involves an unreasonable risk […]