reglab/housing_qa huggingface dataset:
AK Stat § 34.08.290 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 2. Creation, Alteration, and Termination of Common Interest Communities.|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 section, may be merged or consolidated into a single common interest community. On the merger or consolidation, unless the agreement otherwise provides, the resulting common interest community is the legal successor, for all purposes, of the preexisting common interest communities, and the operations and activities of each association of the preexisting common interest communities are merged or consolidated into a single association that holds all powers, rights, obligations, assets, and liabilities of all preexisting associations. (b) An agreement of two or more common interest communities to merge or consolidate under (a) of this section must be evidenced by an agreement prepared, executed, recorded, and certified by the president of the association of each of the preexisting common interest communities following approval by owners of units comprising the percentage of votes in each common interest community required to terminate the common interest community. The agreement must be recorded in each recording district in which a portion of the common interest community is located and is not effective until recorded. (c) Each merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant common interest community either (1) by stating the reallocations or the formulas upon which they are based or (2) by stating the percentage of overall allocated interests of the new common interest community that are allocated to all of the units comprising each of the preexisting common interest communities, and providing that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting common interest community must be equal to the percentages of allocated interests allocated to the unit by the declaration of the preexisting common interest community.
AK Stat § 34.08.300 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 2. Creation, Alteration, and Termination of Common Interest Communities.|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 the declaration at any time during as many years as are specified in the declaration for adding additional real estate to the planned community without describing the location of the real estate in the original declaration. The amount of real estate added to the planned community under this section may not exceed 10 percent of the real estate described in AS 34.08.130(a)(3) and the declarant may not in any event increase the number of units in the planned community beyond the number stated in the original declaration under AS 34.08.130(a)(4).
AK Stat § 34.08.310 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 3. Management of the Common Interest Community.|Sec. 34.08.310. Organization of unit owners' association.

An association of unit owners must be organized no later than the date on which the first unit in the common interest community is conveyed. The membership of the association at all times consists exclusively of all unit owners or, following termination of the common interest community, of all former unit owners entitled to distributions of proceeds under AS 34.08.260 or their heirs, successors, or assigns. The association must be organized as a profit or nonprofit corporation, trust, or partnership.
AK Stat § 34.08.320 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 3. Management of the Common Interest Community.|Sec. 34.08.320. Powers of unit owners' association.

(a) Except as provided in (b) of this section and subject to the provisions of the declaration, the association may (1) adopt and amend bylaws and rules and regulations; (2) adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners; (3) hire and discharge managing agents and other employees, agents, and independent contractors; (4) institute, defend, or intervene in litigation or administrative proceedings or seek injunctive relief for violations of its declaration, bylaws, or rules in its own name on behalf of itself or two or more unit owners on matters affecting the common interest community; (5) make contracts and incur liabilities; (6) regulate the use, maintenance, repair, replacement, and modification of common elements; (7) cause additional improvements to be made as a part of the common elements; (8) acquire, hold, encumber, and convey in its own name any right, title, or interest to real estate or personal property, except that (A) common elements in a condominium or planned community may be conveyed or subjected to a security interest only under AS 34.08.430; and (B) part of a cooperative may be conveyed or all or part of a cooperative may be subjected to a security interest only under AS 34.08.430; (9) grant easements, leases, licenses, and concessions through or over the common elements; (10) impose and receive a payment, fee, or charge for the use, rental, or operation of the common elements, other than limited common elements described in AS 34.08.100(2) and (4), and for services provided to unit owners; (11) impose a reasonable charge for late payment of assessments and, after notice and an opportunity to be heard, levy a reasonable fine for a violation of the declaration, bylaws, rules, and regulations of the association; (12) impose a reasonable charge for the preparation and recording of an amendment to the declaration, the filing and recording of a plat or plan that accompanies an amendment, resale certificate required by AS 34.08.590, or a statement of unpaid assessments; (13) provide for the indemnification of its officers and executive board and maintain directors' and officers' liability insurance; (14) assign its right to future income, including the right to receive common expense assessments, but only to the extent the declaration expressly permits the assignment; (15) exercise any other powers conferred by the declaration or bylaws; (16) exercise any other power that may be exercised in the state by a legal entity of the same type as the association; and (17) exercise any other power necessary and proper for the governance and operation of the association. (b) The declaration may not impose limitations on the power of the association to deal with the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons.
AK Stat § 34.08.360 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 3. Management of the Common Interest Community.|Sec. 34.08.360. Termination of contracts and leases of declarant.

(a) If entered into before the executive board elected by the unit owners under AS 34.08.330(f) takes office (1) a management contract, employment contract, or lease of recreational or parking areas or facilities; (2) a contract or lease between the association and a declarant or an affiliate of a declarant; or (3) a contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing may be terminated without penalty by the association at any time after the executive board elected by the unit owners under AS 34.08.330(f) takes office upon not less than 90 days' notice to the other party. (b) This section does not apply to (1) a lease if a termination of the lease would terminate the common interest community or reduce its size, unless the real estate subject to the lease was included in the common interest community for the purpose of avoiding the right of the association to terminate a lease under this section; or (2) a proprietary lease.
AK Stat § 34.08.370 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 3. Management of the Common Interest Community.|Sec. 34.08.370. Bylaws.

(a) The bylaws of the association must provide (1) for the number of the members of the executive board and for the titles of the officers of the association; (2) for the election by the executive board of a president, treasurer, secretary, and other officers of the association specified by the bylaws; (3) for the qualifications, powers and duties, terms of office, and manner of electing and removing executive board members and officers and filling vacancies; (4) which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agent; (5) which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and (6) for a method of amending the bylaws. (b) Subject to the provisions of the declaration, the bylaws may provide for any other matters the association considers necessary and appropriate.
AK Stat § 34.08.380 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 3. Management of the Common Interest Community.|Sec. 34.08.380. Upkeep of common interest community.

(a) Except to the extent provided by the declaration, by (b) of this section, or by AS 34.08.440(h), the association is responsible for the maintenance, repair, and replacement of the common elements, and each unit owner is responsible for the maintenance, repair, and replacement of the unit. Each unit owner shall afford to the association, the other unit owners, and to their agents or employees, access through the unit that is reasonably necessary for maintenance and repair of the unit. If damage is inflicted on the common elements or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair of the damage. (b) In addition to the liability that a declarant as a unit owner has under this chapter, a declarant is solely liable for the expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the common interest community is subject to a claim for payment of expenses in connection with development rights. Unless the declaration provides otherwise, the income and proceeds from real estate subject to development rights inures to the declarant. (c) In a planned community, when all development rights have expired with respect to real estate, the declarant remains liable for the expenses of the real estate unless, upon expiration, the declaration provides that the real estate becomes common elements or units.
AK Stat § 34.08.390 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 3. Management of the Common Interest Community.|Sec. 34.08.390. Meetings.

A meeting of the association must be held at least once each year. A special meeting of the association may be called by the president, by a majority of the members of the executive board, or by unit owners comprising either 20 percent or a lower percentage specified in the bylaws of the votes in the association. Not less than 10 nor more than 60 days in advance of a meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to the mailing address designated in writing by the unit owner. The notice of a meeting must state the time and place of the meeting and the items on the agenda, including the general nature of a proposed amendment to the declaration or bylaws, budget changes, and a proposal to remove an officer or member of the executive board.
AK Stat § 34.08.400 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 3. Management of the Common Interest Community.|Sec. 34.08.400. Quorums.

(a) Unless the bylaws provide otherwise, a quorum is present throughout a meeting of the association if persons entitled to cast 20 percent of the votes that may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting. (b) Unless the bylaws specify a larger percentage, a quorum is considered present throughout a meeting of the executive board if persons entitled to cast 50 percent of the votes on the board are present at the beginning of the meeting.
AK Stat § 34.08.410 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 3. Management of the Common Interest Community.|Sec. 34.08.410. Voting and proxies.

(a) If only one of several owners of a unit is present at a meeting of the association, the owner present is entitled to cast all the votes allocated to the unit. If more than one of the owners are present, the votes allocated to the unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the owners casts the votes allocated to the unit without protest being made promptly to the person presiding over the meeting by another owner of the unit. (b) Votes allocated to a unit may be cast under a proxy duly executed by a unit owner. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may revoke a proxy given under this section only by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term. (c) If the declaration requires that votes on specified matters affecting the common interest community be cast by lessees rather than unit owners of leased units (1) the provisions of (a) and (b) of this section apply to lessees as if they were unit owners; (2) unit owners who have leased their units to other persons may not cast votes on the specified matters; and (3) lessees are entitled to notice of meetings, access to records, and other rights respecting the matters as if they were unit owners. Unit owners must also be given notice under AS 34.08.390, of all meetings at which lessees are entitled to vote. (d) Votes allocated to a unit owned by the association may not be cast.
AK Stat § 34.08.420 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 3. Management of the Common Interest Community.|Sec. 34.08.420. Tort and contract liability.

Neither the association nor any unit owner except the declarant is liable for the torts of the declarant in connection with any part of the common interest community that the declarant has the responsibility to maintain. An action alleging a wrong done by the association must be brought against the association and not against a unit owner. If the wrong occurred during a period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to a unit owner for (1) tort losses not covered by insurance suffered by the association or the unit owner, and (2) each cost that the association would not have incurred but for a breach of contract or other wrongful act or omission. If the declarant is liable to the association under this section, the declarant is liable for the expenses of litigation incurred by the association. A statute of limitation affecting the right of action of the association under this section is tolled until the period of declarant control terminates. A unit owner is not precluded from maintaining an action under this section because the person is a unit owner or a member or officer of the association. A lien resulting from a judgment against the association is governed by AS 34.08.480.
AK Stat § 34.08.450 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 3. Management of the Common Interest Community.|Sec. 34.08.450. Surplus funds.

Unless otherwise provided in the declaration, surplus funds of the association remaining after payment of or provision for common expenses and prepayment of reserves must be paid to the unit owners in proportion to common expense liabilities or credited to them to reduce future common expense assessments.
AK Stat § 34.08.460 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 3. Management of the Common Interest Community.|Sec. 34.08.460. Assessments for common expenses.

(a) Until the association makes a common expense assessment, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association. (b) Except for assessments under (c) - (e) of this section, all common expenses must be assessed against each unit in accordance with the allocations set out in the declaration under AS 34.08.150(a) and (b). A past due common expense assessment or an installment of the assessment bears interest at the rate established by the association not exceeding 18 percent per year. (c) To the extent required by the declaration (1) a common expense associated with the maintenance, repair, or replacement of a limited common element must be assessed against each unit to which that limited common element is assigned, equally, or in proportion provided by the declaration; (2) a common expense or portion of the common expense benefiting fewer than all of the units must be assessed exclusively against the units benefited; (3) the costs of insurance must be assessed in proportion to risk; and (4) the costs of utilities that can be determined must be assessed in proportion to usage and if the costs of utilities cannot be determined, the cost of nondeterminable utilities shall be shared as a common expense. (d) An assessment to pay a judgment against the association may be made only against the units in the common interest community at the time the judgment was entered, in proportion to their common expense liabilities. (e) If a common expense is caused by the misconduct of a unit owner, the association may assess that expense exclusively against the unit. (f) If common expense liabilities are reallocated, common expense assessments and any installment of the assessment not yet due must be recalculated in accordance with the reallocated common expense liabilities.
AK Stat § 34.08.480 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 3. Management of the Common Interest Community.|Sec. 34.08.480. Other liens.

(a) In a condominium or planned community, (1) except as provided in (2) of this subsection, a recorded judgment for money against the association is not a lien on the common elements, but is a lien in favor of the judgment lien holder against the units in the common interest community at the time the judgment was entered and no other property of a unit owner is subject to the claims of creditors of the association; (2) if the association has granted a security interest in the common elements to a creditor of the association under AS 34.08.430, the holder of the security interest shall exercise its right against the common elements before its judgment lien on a unit may be enforced; (3) whether perfected before or after the creation of the common interest community, if a lien, other than a deed of trust or mortgage including a judgment lien or lien attributable to work performed or materials supplied before creation of the common interest community, becomes effective against two or more units, the unit owner of an affected unit may pay to the lien holder the amount of the lien attributable to the unit, and the lien holder, upon receipt of payment, shall promptly deliver a release of the lien covering the unit; the amount of the payment must be proportionate to the ratio that the unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien; after payment, the association may not assess or have a lien against the unit owner's unit for any portion of the common expenses incurred in connection with the lien; (4) a judgment against the association must be indexed in the name of the common interest community and the association and, when so indexed, is notice of the lien against the units. (b) In a cooperative, (1) if the association receives notice of an impending foreclosure on all or a portion of the association's real estate, the association shall promptly transmit a copy of the notice to each unit owner of a unit located within the real estate to be foreclosed; a failure of the association to transmit the notice does not affect the validity of the foreclosure; (2) whether or not the property of a unit owner is subject to the claims of creditors of the association, other property of a unit owner is not subject to the claims.
AK Stat § 34.08.490 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 3. Management of the Common Interest Community.|Sec. 34.08.490. Association records.

(a) The association shall keep financial records sufficiently detailed to enable the association to comply with AS 34.08.590. Financial and other records must be made reasonably available for examination by a unit owner and an authorized agent of a unit owner. (b) A professional manager, managing agent, accountant, or other person with whom the association has contracted for services shall return all association records within five days of the termination of the contract. If the association records are not returned within five days, the association may sue for their return and for damages.
AK Stat § 34.08.510 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 4. Protection of Purchasers.|Sec. 34.08.510. Applicability.

(a) The provisions of AS 34.08.510 - 34.08.700 apply to all units subject to this chapter, except as provided in (b) of this section or as modified or waived by agreement of purchasers of units in a common interest community in which each unit is restricted to nonresidential use. (b) A public offering statement and a resale certificate are not required to be prepared or delivered on (1) a gratuitous disposition of a unit; (2) a disposition under a court order; (3) a disposition by a governmental agency; (4) a disposition by foreclosure or deed in lieu of foreclosure; (5) a disposition to a dealer; (6) a disposition that may be canceled at any time and for any reason by the purchaser without penalty; (7) a disposition of a unit in a planned community in which the declaration limits the maximum annual assessment of a unit to not more than $300, as adjusted under AS 34.08.820, if (A) the declarant has a reasonable and good faith belief that the maximum stated assessment will be sufficient to pay the expenses of the planned community; (B) the declaration cannot be amended to increase the assessment during the period of declarant control without the consent of all unit owners; and (C) the planned community is not subject to development rights; or (8) a disposition of property by a nonprofit development corporation if that corporation is eligible for assistance from the Neighborhood Reinvestment Corporation organized under 42 U.S.C. 8101 - 42 U.S.C. 8107 (Neighborhood Reinvestment Corporation Act) for neighborhood housing services, neighborhood revitalization, and economic development projects in a community.