reglab/housing_qa huggingface dataset:
AK Stat § 34.08.520 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 4. Protection of Purchasers.|Sec. 34.08.520. Liability for public offering statement requirements.

(a) Except as provided in (b) of this section, a declarant, before offering an interest in a unit to the public, shall prepare a public offering statement conforming to the requirements of AS 34.08.530, 34.08.540, 34.08.550, and 34.08.560. (b) A declarant may transfer responsibility for preparation of all or a part of the public offering statement to a successor declarant or to a dealer who intends to offer units in the common interest community. On the transfer of responsibility, the transferor shall provide the transferee with information necessary to enable the transferee to fulfill the requirements of (a) of this section. (c) A declarant or dealer who offers a unit to a purchaser shall deliver a public offering statement, or a preliminary version of the public offering statement that reasonably reflects the contents of the public offering statement that is subsequently delivered to a purchaser, in the manner required by AS 34.08.580(a). The person who prepared all or a part of the public offering statement is liable under AS 34.08.580 and 34.08.670 for any false or misleading statement set out in the statement or for any omission of a material fact from the statement with respect to the portion of the public offering statement that the person prepared. If a declarant did not prepare any part of a public offering statement, the declarant is not liable for a false or misleading statement set out in the statement or for an omission of a material fact from the statement unless the declarant had actual knowledge of the statement or omission or, in the exercise of reasonable care, should have known of the statement or omission. (d) If a unit is part of a common interest community and is part of a real estate regime where a public offering statement is required under the laws of the state before the unit is offered for sale, a single public offering statement conforming to the requirements of AS 34.08.530, 34.08.540, 34.08.550, and 34.08.560 may be prepared and delivered in lieu of providing two or more public offering statements.
AK Stat § 34.08.550 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 4. Protection of Purchasers.|Sec. 34.08.550. Time shares.

If the declaration provides that ownership or occupancy of a unit is or may be in time shares, the public offering statement must disclose, in addition to the information required by AS 34.08.530, (1) the number and identity of units in which time shares may be created; (2) the total number of time shares that may be created; (3) the minimum duration of any time shares that may be created; (4) the extent to which the creation of time shares will or may affect the enforceability of the lien of the association for assessments under AS 34.08.470; (5) any restraint on the power of the purchaser of the time-share unit to transfer the interest in the time-share unit; (6) whether the time-share unit is included in an exchange program, the present cost and a good faith estimate of the future cost to the purchaser from the exchange program; and (7) whether the purchaser is required to become a member of the exchange program.
AK Stat § 34.08.560 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 4. Protection of Purchasers.|Sec. 34.08.560. Common interest communities containing conversion property.

(a) The public offering statement of a common interest community containing conversion property must contain, in addition to the information required by AS 34.08.530, (1) a statement by the declarant, based on a report prepared by a registered architect or engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the property; (2) a statement by the declarant of the expected useful life of each item reported on in (1) of this subsection or a statement that representations have not been made in that regard; and (3) a list of any outstanding notices of uncured violations of building code or other municipal regulations, together with the estimated cost of curing the violations. (b) This section applies only to property that contains a unit that may be occupied for residential use.
AK Stat § 34.08.570 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 4. Protection of Purchasers.|Sec. 34.08.570. Common interest community securities.

If an interest in a common interest community is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies each requirement relating to the preparation of a public offering statement of this chapter if the declarant delivers to the purchaser a copy of the public offering statement filed with the Securities and Exchange Commission. An interest in a common interest community is not subject to the registration requirements of AS 45.56.
AK Stat § 34.08.580 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 4. Protection of Purchasers.|Sec. 34.08.580. Purchaser's right to cancel.

(a) A person required to deliver a public offering statement under AS 34.08.520(c) shall provide each purchaser with a copy of the public offering statement and each amendment to the statement, or a preliminary version of the public offering statement that reasonably reflects the contents of the public offering statement that is subsequently delivered to a purchaser, before conveyance of the unit, and not later than the date of a contract of sale. If a purchaser is not given the public offering statement, or a preliminary version of the public offering statement that reasonably reflects the contents of the public offering statement that is subsequently delivered to a purchaser, more than 15 days before execution of a contract for the purchase of a unit, the purchaser, before conveyance, may cancel the contract within 15 days of receipt of the public offering statement or preliminary version of the public offering statement. (b) A purchaser who wishes to cancel a contract under (a) of this section may cancel the contract by hand delivering notice of the cancellation to the offeror or by mailing notice of the cancellation by prepaid United States mail to the offeror or to the agent for service of process of the offeror. Cancellation is without penalty and each payment made by the purchaser before cancellation must be refunded promptly to the purchaser. (c) If a person required to deliver a public offering statement under AS 34.08.520(c) fails to provide a purchaser to whom a unit has been conveyed with the public offering statement and each amendment to the statement under (a) of this section, the purchaser, in addition to any right to damages or other relief, is entitled to receive from the person an amount equal to 10 percent of the sale price of the unit, plus 10 percent of the share, proportionate to the common expense liability, of an indebtedness of the association secured by security interests encumbering the common interest community.
AK Stat § 34.08.610 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 4. Protection of Purchasers.|Sec. 34.08.610. Release of liens.

(a) In a sale of a unit where delivery of a public offering statement is required under AS 34.08.520(c), a seller before conveying a unit shall record and furnish to the purchaser a release of each lien, except a lien on real estate that a declarant has the right to withdraw from the common interest community, that the purchaser does not expressly agree to take subject to or assume and that encumbers (1) in a condominium, the unit and its common element interest; or (2) in a cooperative or planned community, the unit and any limited common elements assigned to the unit. (b) Before conveying real estate to the association, the declarant shall have the real estate released from (1) each lien the foreclosure of which would deprive unit owners of a right of access to or easement of support of their units; and (2) each other lien on the real estate unless the public offering statement describes certain real estate that may be conveyed subject to liens in specified amounts.
AK Stat § 34.08.630 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 4. Protection of Purchasers.|Sec. 34.08.630. Express warranties of quality.

(a) An express warranty made by a seller to a purchaser of a unit, if relied upon by the purchaser, is created as follows: (1) any affirmation of fact or promise that relates to the unit, its use, or rights appurtenant to the unit, area improvements to the common interest community that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the common interest community, creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise; (2) a model or description of the physical characteristics of the common interest community, including plans and specifications of or for improvements, creates an express warranty that the common interest community will conform to the model or description; (3) a description of the quantity or extent of the real estate comprising the common interest community, including plats of surveys, creates an express warranty that the common interest community will conform to the description, subject to customary tolerances; and (4) a provision that a purchaser may put a unit only to a specified use is an express warranty that the specified use is lawful. (b) Formal words such as “warranty” or “guarantee” and the specific intention to make a warranty are not necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty. (c) A conveyance of a unit transfers to the purchaser each express warranty of quality made by a previous seller.
AK Stat § 34.08.640 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 4. Protection of Purchasers.|Sec. 34.08.640. Implied warranties of quality.

(a) A declarant and a dealer warrant that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted. (b) A declarant and a dealer impliedly warrant that a unit and the common elements in the common interest community are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by the declarant or dealer, or made by any person before the creation of the common interest community, will be (1) free from defective materials; and (2) constructed in accordance with applicable law, according to sound engineering and construction standards, and in a skillful and workmanlike manner. (c) A declarant and a dealer warrant to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession. (d) Warranties imposed by this section may be excluded or modified under AS 34.08.650. (e) For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant. (f) A conveyance of a unit transfers to the purchaser all of the declarant's implied warranties of quality.
AK Stat § 34.08.650 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 4. Protection of Purchasers.|Sec. 34.08.650. Exclusion or modification of implied warranties of quality.

(a) Except as limited by (b) of this section with respect to a purchaser of a unit that may be used for residential use, implied warranties of quality (1) may be excluded or modified by written agreement of the parties; and (2) are excluded by a written expression of disclaimer such as “as is,” “with all faults,” or other language that in common understanding calls the attention of the purchaser to the exclusion of warranties. (b) With respect to a purchaser of a unit that may be occupied for residential use, a general disclaimer of implied warranties of quality is not effective, but a declarant and a dealer may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain.
AK Stat § 34.08.660 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 4. Protection of Purchasers.|Sec. 34.08.660. Statute of limitations for warranties.

(a) A judicial proceeding for breach of an obligation arising under AS 34.08.630 or 34.08.640 must be commenced within six years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than two years. If the unit may be occupied for residential use, an agreement to reduce the period of limitation must be evidenced by a separate instrument executed by the purchaser. (b) Subject to (c) of this section, a cause of action for breach of warranty of quality, regardless of the purchaser's lack of knowledge of the breach, accrues (1) as to a unit, at the time the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or at the time of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and (2) as to each common element, at the time the common element is completed or, if later, as to (A) a common element that may be added to the common interest community or a portion of the common interest community, at the time the first unit is conveyed to a bona fide purchaser; or (B) a common element within any other portion of the common interest community, at the time the first unit is conveyed to a bona fide purchaser. (c) If a warranty of quality explicitly extends to future performance or duration of an improvement or component of the common interest community, the cause of action accrues at the time the breach is discovered or at the end of the warranty period, whichever is earlier.
AK Stat § 34.08.670 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 4. Protection of Purchasers.|Sec. 34.08.670. Effect of violations on rights of action.

If a declarant or any other person subject to this chapter fails to comply with a provision of this chapter or with a provision of the declaration or bylaws, a person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. Punitive damages may be awarded for a wilful failure to comply with this chapter.
AK Stat § 34.08.690 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 4. Protection of Purchasers.|Sec. 34.08.690. Declarant's obligation to complete and restore.

(a) Except for an improvement labeled “NEED NOT BE BUILT,” the declarant shall complete each improvement depicted on a site plan or other graphic representation, including any plats or plans prepared under AS 34.08.180, whether or not the site plan or other graphic representation is contained in the public offering statement or in promotional material distributed by or for the declarant. (b) The declarant is liable for the prompt repair and restoration, to a condition compatible with the remainder of the common interest community, of a portion of the common interest community affected by the exercise of rights reserved under or created by AS 34.08.180, 34.08.190, 34.08.200, 34.08.210, 34.08.230, or 34.08.240.
AK Stat § 34.08.700 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 4. Protection of Purchasers.|Sec. 34.08.700. Substantial completion of units.

In the sale of a unit for which delivery of a public offering statement is required, a contract of sale may be executed, but an interest in the unit may not be conveyed until the declaration is recorded, a plat or plan that accompanies the declaration is filed and recorded, and the unit is substantially completed as evidenced by issuance of a certificate of occupancy authorized by law or by a recorded certificate of substantial completion executed by (1) an independent registered engineer, architect, or land surveyor; (2) an appraiser with the designation of senior residential appraiser, senior real property appraiser, or senior real estate analyst of the Society of Real Estate Appraisers; (3) a residential member, or member of the appraisal institute, of the American Institute of Real Estate Appraisers; or (4) an individual with a designation established by regulation of the Alaska Housing Finance Corporation for fee appraisers who certify the completion of construction.
AK Stat § 34.08.710 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 5. General Provisions.|Sec. 34.08.710. Variation by agreement.

Except as expressly provided in this chapter the provisions of this chapter may not be varied by agreement and rights conferred by this chapter may not be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this chapter or a declaration recorded under it.
AK Stat § 34.08.720 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 5. General Provisions.|Sec. 34.08.720. Separate titles and taxation.

(a) In a cooperative, the interest of a unit owner in a unit and its allocated interests is real estate for all purposes, except that the real estate constituting the cooperative shall be assessed and taxed as a whole and the interest of a unit owner may not be separately taxed. (b) In a condominium or planned community, (1) if there is a unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate; (2) if there is a unit owner other than a declarant, each unit shall be separately taxed and assessed, and a separate tax or assessment may not be rendered against any common elements for which a declarant has reserved no development rights. (c) Any portion of the common elements for which the declarant has reserved a development right shall be separately taxed and assessed against the declarant and the declarant alone is liable for payment of the taxes. (d) If there is no unit owner other than a declarant, the real estate comprising the common interest community may be taxed and assessed in any manner provided by law.
AK Stat § 34.08.730 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 5. General Provisions.|Sec. 34.08.730. Applicability of local ordinances, regulations, and building codes.

(a) A building code may not impose a requirement upon a structure in a common interest community that the building code would not impose upon a physically identical development under a different form of ownership. (b) A zoning, subdivision, or other real estate use law, ordinance, or regulation may not prohibit the condominium or cooperative form of ownership or impose a requirement upon a condominium or cooperative that it would not impose upon a physically identical development under a different form of ownership. (c) Except as provided in (a) and (b) of this section, the provisions of this chapter do not invalidate or modify a provision of a building code, zoning, subdivision, or other real estate use law, ordinance, or regulation governing the use of real estate.
AK Stat § 34.08.740 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 5. General Provisions.|Sec. 34.08.740. Eminent domain.

(a) If a unit is acquired by eminent domain or part of a unit is acquired by eminent domain leaving the unit owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit owner for that unit and its allocated interests, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, the allocated interests of the unit are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations, and file and record a plat or plan that accompanies the amendment. A remnant of a unit remaining after part of a unit is taken under this subsection is a common element from that time. (b) Except as provided in (a) of this section, if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree provides otherwise, (1) the allocated interests of the unit are reduced either in proportion to the reduction in the size of the unit or on the basis specified in the declaration; and (2) the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to the unit and to the remaining units in proportion to the respective allocated interests of the units before the taking, with the partially-acquired unit participating in the reallocation on the basis of its reduced allocated interests. (c) If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition. (d) The court decree must be recorded in each recording district in which any portion of the common interest community is located. (e) On a condemnation of a unit or common area, an award or decree must include a reasonable amount to cover the cost of reallocating the allocatable interests of the unit owners.
AK Stat § 34.08.750 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 5. General Provisions.|Sec. 34.08.750. Supplemental general principles of law applicable.

The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter except to the extent inconsistent with this chapter.
AK Stat § 34.08.760 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 5. General Provisions.|Sec. 34.08.760. Construction against implicit repeal.

This chapter is a general act intended as a unified coverage of its subject matter and a part of the chapter may not be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
AK Stat § 34.08.770 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 08. Common Interest Ownership|Article 5. General Provisions.|Sec. 34.08.770. Uniformity of application and construction.

This chapter shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of the chapter among states enacting it.