Alaska Statutes Title 34, Chapter 34.08, Article 02 - Creation, Alteration, and Termination of Common Interest Communities

• Sec. 34.08.090 Creation of Common Interest Communities.
  (a) A common interest community may be created under this chapter only by recording a declaration executed in the same manner as a deed...
• Sec. 34.08.100 Unit Boundaries.
  Except as provided by the declaration(1) if walls, floors, or ceilings are designated as boundaries of a unit, the lath, furring, wallboard, plasterboard, plaster,...
• Sec. 34.08.110 Construction and Validity of Declaration and Bylaws.
  (a) Each provision of the declaration and bylaws is severable.(b) The rule against perpetuities does not defeat any provision of the declaration, bylaws, rules,...
• Sec. 34.08.120 Description of Units.
  A description of a unit that sets out the name of the common interest community, the recording data for the declaration, the recording district...
• Sec. 34.08.130 Contents of Declaration.
  (a) The declaration must contain(1) the names of the common interest community and the association and a statement that the common interest community is...
• Sec. 34.08.140 Leasehold Common Interest Communities.
  (a) If the expiration or termination of a lease or a memorandum of the lease will terminate the common interest community or reduce its...
• Sec. 34.08.150 Allocation of Allocated Interests.
  (a) The declaration must allocate(1) to each unit in a condominium, a fraction or percentage of undivided interests in the common elements and in...
• Sec. 34.08.160 Limited Common Elements.
  (a) Except for the limited common elements described in AS 34.08.100(2) and (4), the declaration must specify to which unit or units each limited...
• Sec. 34.08.170 Plats and Plans.
  (a) Plats and plans are a part of the declaration and are required for all common interest communities except cooperatives. Separate plats and plans...
• Sec. 34.08.180 Exercise of Development Rights.
  (a) To exercise a development right reserved under AS 34.08.130(a)(8), a declarant shall prepare, execute, and record an amendment to the declaration, file and...
• Sec. 34.08.190 Alterations of Units.
  Subject to the provisions of the declaration and other provisions of law, a unit owner (1) may make an improvement or alteration to the...
• Sec. 34.08.200 Relocation of Boundaries Between Adjoining Units.
  (a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment...
• Sec. 34.08.210 Subdivision of Units.
  (a) If the declaration expressly permits it, a unit may be subdivided into two or more units. Upon application of a unit owner to...
• Sec. 34.08.220 Easement for Encroachments.
  If a unit or common element encroaches on another unit or common element, a valid easement for the encroachment exists. The easement does not...
• Sec. 34.08.230 Use for Sales Purposes.
  (a) A declarant may maintain sales offices, management offices, and models in units or on common elements in the common interest community only if...
• Sec. 34.08.240 Easement Rights.
  (a) Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the...
• Sec. 34.08.250 Amendment of Declaration.
  (a) Except for amendments that may be executed by a declarant under AS 34.08.170 (b) or 34.08.180, by the association under AS 34.08.140(d), 34.08.160(c),...
• Sec. 34.08.255 Amendment of a Declaration Where Fewer Than 50 Percent of Unit Owners Approve.
  (a) If a declaration requires owners having more than 50 percent of the votes in the association in a single class voting structure or...
• Sec. 34.08.260 Termination of Common Interest Community.
  (a) Unless all units are taken by eminent domain, or unless there has been a foreclosure of a security interest that has priority over...
• Sec. 34.08.270 Rights of Secured Lenders.
  (a) A financial institution, including a commercial bank, mutual savings bank, savings and loan association, credit union and mortgage company when acting as an...
• Sec. 34.08.280 Master Associations.
  (a) If the declaration provides that a power described in AS 34.08.320 is to be exercised by or may be delegated to a profit...
• Sec. 34.08.290 Merger or Consolidation of Common Interest Communities.
  (a) Any two or more common interest communities of the same form of ownership, by agreement of the unit owners under (b) of this...
• Sec. 34.08.300 Addition of Unspecified Real Estate.
  In a planned community, if the right is originally reserved in the declaration, the declarant, in addition to any other development right, may amend...

Last modified: November 15, 2016