Title 35 — Title 35

(a) Mortality tables as printed in the bound acts of the legislature pursuant to section 35-16-3 shall be received in all courts of this state as evidence of the facts therein stated. (b) The provisions of section 35-16-3 and subsection (a) of this section are cumulative and shal…

As used in this chapter, the following words have the following meanings: (1) CONSERVATION EASEMENT. A nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or ope…

Interest Maintained; Condemnation. (a) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. A conservation easeme…

(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 provided in t…

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) It impo…

(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 servit…

The provisions of this chapter are intended to be cumulative and supplemental to the provisions of Amendment No. 543 of the Constitution of Alabama of 1901, commonly known as the “Forever Wild Amendment,” and any other provisions of law, and shall not be construed to repeal any l…

This act may be cited as the Alabama Uniform Environmental Covenants Act. History: (Act 2007-464, p. 972, §1.)

(a) Unless otherwise specified in the environmental covenant, an environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by each of the following: (1) The agency, unless waived by the agency, in which event the current owner o…

(a) The department is designated as the administrating agency for this chapter and is empowered to administer and enforce this chapter using the authorities granted to it by the Environmental Management Act. However, such designation shall not imply that the department shall assu…

(a) The Alabama Department of Environmental Management shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and…

The department is authorized to adopt regulations and assess fees to implement provisions of this chapter. History: (Act 2007-464, p. 972, §13.)

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…

The following terms shall have the following meanings: (1) ACTIVITY AND USE LIMITATIONS. Restrictions or obligations created under this chapter with respect to real property. (2) AGENCY or DEPARTMENT. The Alabama Department of Environmental Management. (3) COMMON INTEREST COMMUNI…

(a) Any person, including a person that owns an interest in the real property, an agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. (…

(a) An environmental covenant must meet all of the following requirements: (1) State that the instrument is an environmental covenant executed pursuant to this chapter. (2) Contain a legally sufficient description of the real property subject to the covenant. (3) Describe the act…

(a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if any one or more of the following conditions apply: (1) It is not appurtenant to an interest in real propert…

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 …

(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to each of the following persons or entities: (1) Each person that signed the covenant. (2) Each person holding a recorded interest in the real property subject to th…

(a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise …

(a) An environmental covenant is perpetual unless any of the following conditions apply: (1) The covenant is limited to a specific duration or terminated by the occurrence of a specific event. (2) The covenant is terminated or modified by consent pursuant to Section 35-19- 10. (3…

This chapter shall be known and may be cited as the Alabama Homeowners’ Association Act. History: (Act 2015-292, §1.)

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 of the association in …

(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 …

(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 fixe…

(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 reas…

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. History: (Act 2015-292, §15.)

For the purposes of this chapter, the following terms shall have the following meanings: (1) ASSOCIATION. A homeowners’ association. (2) BOARD OF DIRECTORS. The group of persons vested with the management of the association irrespective of the name by which the group is designate…

(a) This chapter applies to all developments subject to a declaration providing for a homeowners’ association recorded in the office of the judge of probate in the county in which the development, or any part thereof, is located on or after January 1, 2016, and any association fo…

(a) The principles of law and equity, including, but not limited to, the law of nonprofit corporations in Chapter 3 of Title 10A, the law of real estate, and the law relative to the capacity to contract, principal and agent, eminent domain, estoppel, negligence, fraud, misreprese…

Authority; Organizational Documents. (a) On or after January 1, 2016, a homeowners’ association created pursuant to a declaration shall be organized as a nonprofit corporation pursuant to Chapter 3 of Title 10A, and shall be governed in all respects as a nonprofit corporation. (b…

A homeowners’ association provided for in a declaration and subject to this chapter shall be formed prior to the conveyance of any lot in the development by the declarant. History: (Act 2015-292, §6.)

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 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. History: (Act 2015-292, §8.)

(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 …