Section 10-3B-6 Statement of authority as to real property.
Section 10-3B-6
Statement of authority as to real property.
(a) A nonprofit association shall execute and record a statement of authority to transfer an estate or interest in real property in the name of the nonprofit association.
(b) An estate or interest in real property in the name of a nonprofit association may be transferred by a person so authorized in a statement of authority recorded in the office of the probate judge of the county in which the real property is located.
(c) A statement of authority shall set forth:
(1) The name of the nonprofit association;
(2) The address in Alabama, including the street address, if any, of the nonprofit association, or, if the nonprofit association does not have an address in Alabama, its address out of state;
(3) The name or title of a person authorized to transfer an estate or interest in real property held in the name of the nonprofit association; and
(4) The action, procedure, or vote of the nonprofit association which authorizes the person to transfer the real property of the nonprofit association and which authorizes the person to execute the statement of authority.
(d) A statement of authority shall be executed and recorded in the same manner as a deed by a person who is not the person authorized to transfer the estate or interest.
(e) The probate judge may collect a fee for recording a statement of authority in the amount authorized to be collected by and for the probate judge pursuant to subdivision (1) of subsection (a) of Section 10-3A-200 for filing of articles of incorporation and issuance of a certificate of incorporation of a nonprofit corporation.
(f) An amendment, including a cancellation, of a statement of authority shall meet the requirements for execution and recording of an original statement. Unless cancelled earlier, a recorded statement of authority as amended is cancelled by operation of law five years after the date of the most recent statement of authority.
(g) If the record title to real property is in the name of a nonprofit association and the statement of authority is recorded in the office of the probate judge of the county in which the real property is located, the authority of the person named in a statement of authority is conclusive in favor of a person who gives value without notice that the person lacks authority.
(Acts 1995, No. 95-527, p. 1064, §6.)