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2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 5. Tenant Remedies. › Sec. 34.03.200. Fire or casualty damage.

(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that enjoyment of the dwelling unit is substantially impaired, the tenant shall
(1) immediately vacate the premises and notify the landlord of the intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or
(2) if continued occupancy is lawful, vacate the part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.
(b) If the rental agreement is terminated, the landlord shall return all prepaid rent and security deposits recoverable under AS 34.03.070. Accounting for rent in the event of termination or apportionment shall occur as of the date of the casualty.
2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 5. Tenant Remedies. › Sec. 34.03.210. Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.

If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water, sanitary, or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not to exceed one and one-half times the actual damages. If the rental agreement is terminated, the landlord shall return all prepaid rent and security deposits recoverable by the tenant under AS 34.03.070.
2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 6. Landlord Remedies. › Sec. 34.03.225. Limitations on mobile home park operator's right to terminate.

(a) A mobile home park operator may evict a mobile home or a mobile home park dweller or tenant only for one of the following reasons:
(1) the mobile home dweller or tenant has defaulted in the payment of rent owed;
(2) the mobile home dweller or tenant has been convicted of violating a federal or state law or local ordinance, and that violation is continuing and is detrimental to the health, safety, or welfare of other dwellers or tenants in the mobile home park;
(3) the mobile home dweller or tenant has violated a provision, enforceable under AS 34.03.130, of the rental agreement or lease signed by both parties and not prohibited by law including rent and the terms of agreement; and
(4) a change in the use of the land comprising the mobile home park, or the portion of it on which the mobile home to be evicted is located; however, all dwellers or tenants so affected by a change in land use shall be given at least 270 days' notice, or longer if a longer notice period is provided in a valid lease or required by a municipality; a dweller or tenant so affected by a change in land use shall be given a quit date not earlier than May 1 and not later than October 15; a municipality may establish a mobile home relocation fund and require that a dweller or tenant so affected by a change in land use be given a longer notice period or compensated from the fund for the cost of disconnecting, relocating, and reestablishing the dweller's or tenant's mobile home.
(b) A mobile home park operator may not evict a mobile home or a mobile home park dweller or tenant because of the age of the mobile home, except that a mobile home or a mobile home park dweller or tenant may be evicted if, when the mobile home was admitted to the mobile home park, a regulation of the mobile home park limiting the age of a mobile home in the mobile home park was in effect, the mobile home is sold after the age limitation has been exceeded, and the owner or tenant of the mobile home has failed to bring the unit into compliance with the life safety requirements of 24 C.F.R. Part 3280. This does not prohibit eviction for violation of a provision enforceable under AS 34.03.130 that requires that a mobile home be in a fit and habitable condition.
(c) When, under (a) of this section, a mobile home park owner is required to give notice to evict a mobile home owner or a mobile home park dweller or tenant, provision of notice to quit under AS 09.45.100 - 09.45.105 satisfies the requirement of notice.
2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 6. Landlord Remedies. › Sec. 34.03.230. Remedies for absence, nonuse and abandonment.

(a) When the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven days as required in AS 34.03.150 and the tenant wilfully fails to do so, the landlord may recover an amount not to exceed one and one-half times the actual damages.
(b) During an absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary as provided in AS 34.03.140. The landlord may reenter the dwelling unit and, if there is evidence that the tenant has abandoned the dwelling unit, unless the landlord and tenant have made a specific agreement to the contrary, the landlord may terminate the rental agreement.
(c) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental value. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, the agreement is considered terminated on the date the new tenancy begins. The rental agreement is considered terminated by the landlord on the date the landlord has notice of the abandonment if the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental value or if the landlord accepts the abandonment as a surrender. If the tenancy is from month to month, or week to week, the term of the rental agreement for purposes of this section shall be considered a month or a week, as the case may be.
2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 6. Landlord Remedies. › Sec. 34.03.240. Waiver of landlord's right to terminate.

Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by the tenant that varies from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord constitutes a waiver of the right of the landlord to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.
2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 6. Landlord Remedies. › Sec. 34.03.250. Landlord liens; distraint for rent abolished.

(a) A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before March 19, 1974.
(b) Distraint for rent is abolished.
2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 6. Landlord Remedies. › Sec. 34.03.280. Recovery of possession limited.

A landlord may not recover or take possession of the dwelling unit by action or otherwise, including wilful diminution of services to the tenant by interrupting or causing the interruption of electricity, gas, water, sanitary, or other essential services to the tenant, except in case of abandonment, surrender, circumstances beyond the control of the landlord due to energy conditions, or as permitted in this chapter.
2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 6. Landlord Remedies. › Sec. 34.03.285. Service of process upon tenant.

In an action for possession under this chapter, the summons and complaint shall be served under the provisions of Rule No. 85 of the Rules of Civil Procedure. A continuance may not be granted plaintiff or defendant except for good cause shown.
2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 7. Periodic Tenancy, Holdover, and Abuse of Access. › Sec. 34.03.290. Periodic tenancy and holdover.

(a) While rent is current, the landlord or the tenant may terminate a week to week tenancy by a written notice given to the other at least 14 days before the termination date specified in the notice.
(b) The landlord or the tenant may terminate a month to month tenancy by a written notice given to the other at least 30 days before the rental due date specified in the notice.
(c) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or after its termination under (a) or (b) of this section, the landlord may, after serving a notice to quit to the tenant under AS 09.45.100 - 09.45.105, bring an action for possession and if the tenant's holdover is wilful and not in good faith the landlord, in addition, may recover an amount not to exceed one and one-half times the actual damages. If the landlord consents to the tenant's continued occupancy, AS 34.03.020 applies.
2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 7. Periodic Tenancy, Holdover, and Abuse of Access. › Sec. 34.03.300. Landlord and tenant remedies for abuse of access.

(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement. In either case, the landlord may recover an amount not to exceed the actual damages or one month's periodic rent, whichever is greater. If the landlord terminates the rental agreement, the landlord shall give written notice to the tenant at least 10 days before the date specified in the notice.
(b) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover an amount not to exceed the actual damages or one month's periodic rent, whichever is greater, court costs and reasonable attorney fees. If the tenant terminates the rental agreement, the tenant shall give written notice to the landlord at least 10 days before the date specified in the notice.
2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 9. General Provisions. › Sec. 34.03.320. Obligation of good faith.

Every duty under this chapter and every act that must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. The aggrieved party has a duty to mitigate damages.
2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 9. General Provisions. › Sec. 34.03.330. Application and exclusions.

(a) This chapter applies to and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit in this state.
(b) Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:
(1) residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar services;
(2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part if the occupant is the purchaser or a person who succeeds to the interest of a purchaser;
(3) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(4) transient occupancy in a hotel, motel, lodgings, or other transient facility;
(5) occupancy by an employee of a landlord whose right to occupancy is conditioned upon employment substantially for services, maintenance, or repair to the premises;
(6) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;
(7) occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes;
(8) occupancy under a rental agreement covering premises used as part of a transitional or supportive housing program that is sponsored or operated by a public corporation or by a nonprofit corporation and that provides shelter and related support services intended to improve the occupant's opportunity to obtain permanent housing.
2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 9. General Provisions. › Sec. 34.03.335. Proof of certain property damage claims.

In an action initiated by a party to recover damages or to obtain other relief to which a party may be entitled under this chapter, a premises condition statement and contents inventory prepared under AS 34.03.020(e) is presumptive evidence of the condition of the premises and its contents at the commencement of the term of the period of occupancy covered by the rental agreement between the parties. Unless its authenticity is rebutted by clear and convincing evidence by the party against whom the statement and contents inventory is offered, the statement and contents inventory may be offered by a party, without additional supporting evidence, as the basis on which to compute the recovery of damages to which the party may be entitled under this chapter.
2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 9. General Provisions. › Sec. 34.03.340. Service of process.

If a landlord is not a resident of this state or is a corporation not authorized to do business in this state and engages in any conduct in this state governed by this chapter, or engages in a transaction subject to this chapter, the landlord may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The agent shall be the same person designated under AS 34.03.080. The designation shall be in writing and filed with the commissioner of commerce, community, and economic development. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the commissioner of commerce, community, and economic development, but the service upon the commissioner is not effective unless the plaintiff or petitioner immediately mails a copy of the process and pleadings by certified or registered mail to the defendant or respondent at the last ascertainable address of the defendant or respondent. An affidavit of compliance with this section shall be filed with the clerk of the court having jurisdiction on or before the return day for the process, if any, or within any further time allowed by the court.
2023 Alaska Statutes › Title 34. Property › Chapter 03. Uniform Residential Landlord and Tenant Act › Article 9. General Provisions. › Sec. 34.03.345. Mediation and binding arbitration.

(a) A landlord and a tenant may agree to mediate disputes between them as to an obligation of either of them arising out of the rental agreement. If the landlord and tenant agree to mediate disputes, they shall include the scope of the agreement within the executed rental agreement, incorporate a reference to that agreement within the rental agreement, or add the text of the agreement as a separate attachment to the rental agreement.
(b) A landlord and a tenant may agree to binding arbitration of the disputes between them as to an obligation of either of them arising out of the rental agreement. If the landlord and tenant agree to binding arbitration, they shall include the scope of the agreement within the executed rental agreement, incorporate a reference to that agreement within the rental agreement, or add the text of the agreement as a separate attachment to the rental agreement.
2023 Alaska Statutes › Title 34. Property › Chapter 05. Rental of Agricultural, Personal, and Nonresidential Property › Article 1. Agricultural Property. › Sec. 34.05.025. Agricultural tenants.

A tenant whose lease or occupancy is for agricultural purposes and who breaches the rental agreement, or continues in possession of the premises at the expiration of the time limited in or contrary to a condition or covenant in the lease or agreement under which the tenant holds, shall be provided with a written notice specifying the breach and demanding the tenant quit the premises at least 30 days before commencement of an action for the recovery of the property. The tenant shall have free access to the premises to cultivate and harvest crops or produce planted by the tenant before the service of the notice of the breach and demand to quit the premises.
2023 Alaska Statutes › Title 34. Property › Chapter 05. Rental of Agricultural, Personal, and Nonresidential Property › Article 2. Personal Property. › Sec. 34.05.040. Failure to return rental equipment.

A person in possession of equipment under an agreement in writing that requires the person to return the equipment to a particular place or at a particular time who refuses or wilfully neglects to return it to the place and at the time specified in the agreement in writing, or who secretes, converts, sells, or attempts to sell the equipment or any part of it is, upon conviction, punishable by imprisonment for not more than one year, or by a fine of not more than $1,000, or by both.
2023 Alaska Statutes › Title 34. Property › Chapter 05. Rental of Agricultural, Personal, and Nonresidential Property › Article 2. Personal Property. › Sec. 34.05.050. Definitions.

In AS 34.05.040,
(1) “equipment” means any tools, machinery, implements, or appliances used for any type of purpose or service;
(2) “wilfully neglects” means omits, fails, or forebears, with a conscious purpose to injure, or without regard for the rights of the owner, or with indifference whether a wrong is done the owner or not.
2023 Alaska Statutes › Title 34. Property › Chapter 05. Rental of Agricultural, Personal, and Nonresidential Property › Article 3. Illegal Activities in Premises Not Subject to Uniform Residential Landlord and Tenant Act. › Sec. 34.05.100. Tenant responsibilities in premises not subject to AS 34.03.

(a) In rented premises other than premises to which the provisions of AS 34.03 apply, the tenant may not knowingly engage at the premises in prostitution, an illegal activity involving a place of prostitution, an illegal activity involving alcoholic beverages, an illegal activity involving gambling or promoting gambling, an illegal activity involving a controlled substance, or an illegal activity involving an imitation controlled substance, or knowingly permit others in the premises to engage in one or more of those activities at the rental premises.
(b) If there is noncompliance with (a) of this section, a person may seek relief under AS 09.50.170 - 09.50.240.
(c) An order of abatement entered by a court under AS 09.50.210 against premises under this section terminates a rental agreement on the premises subject to the order of abatement.
(d) In this section,
(1) “illegal activity involving alcoholic beverages,” “illegal activity involving a controlled substance,” “illegal activity involving an imitation controlled substance,” “illegal activity involving gambling or promoting gambling,” “illegal activity involving a place of prostitution,” and “prostitution” have the meanings given in AS 34.03.360;
(2) “premises” means a structure or the structure of which it is a part, and facilities and appurtenances in it, and grounds, areas, and facilities held out for the use of persons entitled to possession under an agreement that relates to its use.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 1. Formation of Horizontal Property Regimes. › Sec. 34.07.010. This chapter applicable only if declaration executed and recorded.

(a) This chapter is applicable only to property, the sole owner or all of the owners of which submit it to the horizontal property regime by executing and recording a declaration under (c) of this section and AS 34.07.020.
(b) A declaration or any amendment to the declaration is not valid unless recorded.
(c) The declaration shall be recorded in the recording district in which the property is located.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 1. Formation of Horizontal Property Regimes. › Sec. 34.07.020. Contents of declaration.

The declaration must contain
(1) a description of the land on which the building and improvement are or are to be located;
(2) a description of the building, stating the number of stories and basements, the number of apartments and the principal materials of which it is or is to be constructed;
(3) the apartment number of each apartment, and a statement of its location, approximate area, number of rooms, and immediate common areas to which it has access, and any other data necessary for its proper identification;
(4) a description of the common areas and facilities;
(5) a description of the limited common areas and facilities, if any, stating to which apartment their use is reserved;
(6) the value of the property and of each apartment, and the percentage of undivided interest in the common areas and facilities appertaining to each apartment and its owner for all purposes, including voting;
(7) a statement of the purposes for which the building and each of the apartments are intended and restricted as to their use;
(8) the name of a person to receive service of process in the cases provided for in this chapter, together with the address of the person's residence or place of business, which shall be within the city or recording district in which the building is located;
(9) a provision as to the percentage of votes by the apartment owners that determines whether or not to rebuild, repair, restore, or sell the property in the event of the damage or the destruction of all or a part of the property;
(10) a provision authorizing and establishing procedures for the subdividing or combining of an apartment or apartments, common areas and facilities or limited common areas and facilities, through the use of a metes and bounds description or otherwise;
(11) a provision requiring the adoption of bylaws for the administration of the property or for other purposes not inconsistent with this chapter that may include that the property be administered by a board of directors elected from among the apartment owners, or by a manager, or by a managing agent, or otherwise, and the procedures for the adoption and amendment of the bylaws;
(12) any further details in connection with the property that the person executing the declaration may consider desirable to set out consistent with this chapter;
(13) the method by which the declaration may be amended, consistent with this chapter, except that not less than 60 percent of the apartment owners may consent to any amendment; and
(14) a reference to the file number and recording information for the floor plans of the building affected that are required to be filed and recorded simultaneously with the declaration under AS 34.07.030.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 1. Formation of Horizontal Property Regimes. › Sec. 34.07.025. Amendment of declaration; lienholder consent.

(a) If a declaration requires an association of apartment owners to obtain the consent of a lienholder with a lien on the property before the association may amend the declaration, the association may obtain the consent of the lienholder under this section.
(b) To amend the declaration under (a) of this section, the association of apartment owners shall send to a lienholder a dated written notice and a copy of the proposed amendment by certified mail, return receipt requested, to the most recent address of the lienholder shown on the mortgage, deed of trust, or other document that established the lien and to any other address provided by the lienholder to the association in writing.
(c) The association of apartment owners shall include in the notice provided under (b) of this section
(1) a statement that the association intends to amend the declaration;
(2) a request that the lienholder consent to the amendment;
(3) a statement that the association will amend the declaration if the lienholder fails to respond to the notice within 60 days after the postmark date of the notice; and
(4) a statement that the lienholder may not unreasonably withhold the lienholder's consent.
(d) If an association of apartment owners complies with (b) and (c) of this section and the lienholder fails to respond to the association within 60 days after the postmark date of the notice provided under (b) of this section, the lienholder is considered to have approved the proposed amendment.
(e) A lienholder may not unreasonably withhold the lienholder's consent to an amendment under this section.
(f) This section is not intended to be the exclusive method for an association of apartment owners to obtain the consent of a lienholder to an amendment of the declaration. If the association obtains the consent of a lienholder without using the method provided by this section, the association may obtain the consent of other lienholders by using the method provided by this section.
(g) This section applies to a lienholder whose lien on the property has been recorded under AS 40.17.
(h) In this section, “lienholder” means a person that is a mortgagee, lender, or other holder of a lien on the property.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 1. Formation of Horizontal Property Regimes. › Sec. 34.07.030. Filing and recording of survey map and floor plans with verified statement.

There shall be filed and recorded simultaneously with the recording of the declaration in the recording district in which the property is located
(1) a survey map of the surface of the land submitted under the provisions of this chapter showing the location of the building on it;
(2) a set of the floor plans of the building showing the layout, apartment numbers and dimensions of the apartments in sufficient detail to identify and locate each apartment with certainty, stating the name of the building or that it has no name, and bearing the verified statement of a registered architect or registered professional engineer certifying that it is an accurate copy of portions of the plans of the building as filed with and approved by the governmental entity having jurisdiction over the approval or issuance of permits for the construction of the building, or a statement that no approval or permit is required.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 1. Formation of Horizontal Property Regimes. › Sec. 34.07.040. Amendment to declaration in place of verified statement by architect or engineer regarding floor plans.

(a) If the floor plans do not include a verified statement by a registered architect or registered professional engineer that the plans fully and accurately depict the layout, apartment numbers, and dimensions of the apartments as built, there shall be recorded before the first conveyance of an apartment an amendment to the declaration to which shall be attached a verified statement of a registered architect certifying that the plans previously filed and recorded or being filed and recorded simultaneously with the amendment fully and accurately depict the layout, apartment number, and dimensions of the apartments as built.
(b) The plans must each contain a reference to the date of recording of the declaration and the volume, page, and receiving number of the recorded declaration.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 1. Formation of Horizontal Property Regimes. › Sec. 34.07.060. Survey map and floor plans subject to state and local laws.

The survey map and floor plans are subject to the provisions of state and local laws relating to plats, planning and plans, subdivisions, and zoning, if the laws are not inconsistent with the purposes of this chapter and if the building is or is to be located on land that is not owned in common.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 2. Apartment Ownership and Conveyancing. › Sec. 34.07.080. Apartment classified as real property.

Each apartment, together with its undivided interest in the common areas and facilities is not considered an intangible or a security or any interest therein but for all purposes constitutes and is classified as real property under the provisions of this chapter.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 2. Apartment Ownership and Conveyancing. › Sec. 34.07.090. Apartment ownership and possession.

Each apartment owner shall have exclusive ownership and possession of the owner's apartment, but any apartment may be owned by husband and wife as tenants by the entirety or may be commonly owned by more than one person.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 2. Apartment Ownership and Conveyancing. › Sec. 34.07.100. Separation of apartment ownership from common areas and facilities ownership prohibited.

The percentage of the undivided interest in the common areas and facilities may not be separated from the apartment to which it appertains even though the interest is not expressly mentioned or described in the conveyance or other instrument.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 2. Apartment Ownership and Conveyancing. › Sec. 34.07.110. Release or partial release from encumbrance affecting apartment with first conveyance; partial waiver of lien claims.

(a) At the time of the first conveyance of each apartment, every mortgage, deed of trust, lien, or other encumbrance affecting the apartment, including the percentage of undivided interest of the apartment in the common areas and facilities, shall be paid and satisfied of record, or the apartment being conveyed and its percentage of undivided interest in the common areas and facilities shall be released by a recorded partial release.
(b) A partial waiver of lien claims created under AS 34.35.050 - 34.35.120 (mechanics liens) on unsold apartments may be obtained by following the procedures specified in AS 34.35.119.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 2. Apartment Ownership and Conveyancing. › Sec. 34.07.120. Liability of grantee for unpaid common expenses at time of conveyance.

In a voluntary conveyance the grantee of an apartment is jointly and severally liable with the grantor for all unpaid assessments against the latter for the grantor's share of the common expenses up to the time of the grantor's conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid on the assessments by the grantee.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 2. Apartment Ownership and Conveyancing. › Sec. 34.07.130. Person obtaining possession upon foreclosure of apartment not liable for common expenses.

If a mortgagee of a recorded mortgage or a trustee of a recorded deed of trust or other purchaser of an apartment obtains possession of the apartment as a result of foreclosure of the mortgage or deed of trust, the possessor, and successors and assigns of the possessor are not liable for the share of the common expenses or assessments by the association of apartment owners chargeable to the apartment that became due before possession. This unpaid share of common expenses or assessments is a common expense collectable from all of the apartment owners including the possessor and successors and assigns of the possessor.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 2. Apartment Ownership and Conveyancing. › Sec. 34.07.140. Grantee entitled to statement of unpaid assessments.

A grantee is entitled to a statement from the manager or board of directors setting out the amount of the unpaid assessments against the grantor. The grantee is not liable for, nor is the apartment conveyed subject to a lien for, any unpaid assessments against the grantor in excess of the amount in the statement.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 2. Apartment Ownership and Conveyancing. › Sec. 34.07.150. Contents of apartment deed.

An apartment deed must include
(1) a description of the land as provided in AS 34.07.020, or the post office address of the property, and in either case, the date of recording of the declaration and its volume, page, and receiving number;
(2) the apartment number of the apartment in the declaration and any other data necessary for its proper identification;
(3) a statement of the use for which the apartment is intended and any restrictions on its use;
(4) the percentage of undivided interest appertaining to the apartment, the common areas and facilities and limited common areas and facilities appertaining to it, if any; and
(5) any further details that the grantor and grantee may set out consistent with the declaration and with this chapter.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 3. Common Areas and Facilities Owned With Apartments. › Sec. 34.07.160. Common areas and facilities ownership.

(a) Each apartment owner has the common right to a share, with other apartment owners, in the common areas and facilities.
(b) Each apartment owner is entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. The percentage is computed by taking as a basis the value of the apartment in relation to the value of the property.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 3. Common Areas and Facilities Owned With Apartments. › Sec. 34.07.170. Nonexclusive easement to use common areas and facilities.

Each apartment owner has a nonexclusive easement for, and may use the common areas and facilities in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful right of the other apartment owners.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 3. Common Areas and Facilities Owned With Apartments. › Sec. 34.07.180. Alteration of common areas and facilities ownership.

(a) The percentage of the undivided interest of each apartment owner in the common areas and facilities as expressed in the declaration may not be altered except in accordance with procedures set out in the bylaws and by amending the declaration.
(b) The bylaws must provide for a periodic reappraisal of the apartments and the common areas and facilities together with a recomputation, if required, of the percentage of the undivided interest of each apartment owner in the common areas and facilities.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 3. Common Areas and Facilities Owned With Apartments. › Sec. 34.07.190. Partition of common areas and facilities ownership prohibited.

(a) The common areas and facilities shall remain undivided and an apartment owner or other person may not bring an action for partition or division of any part, unless the property has been removed from the provisions of this chapter under AS 34.07.300 - 34.07.340. Any covenant to the contrary is void.
(b) Nothing in this chapter limits the right of partition by a husband and wife owning as tenants by the entirety or by the owners in common of one or more of the apartments as to the ownership of the apartment or apartments.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 3. Common Areas and Facilities Owned With Apartments. › Sec. 34.07.200. Maintenance, repair, and replacement of common areas and facilities.

(a) The necessary work of maintenance, repair, and replacement of the common areas and facilities and the making of an addition or improvement may be carried out only as provided in this chapter and in the bylaws.
(b) The association of apartment owners has the irrevocable right, to be exercised by the manager or board of directors, to have access to each apartment from time to time during reasonable hours as may be necessary for
(1) the maintenance, repair, or replacement of any of the common areas and facilities in it, or accessible from it; or
(2) making emergency repairs in the apartment necessary to prevent damage to the common areas and facilities or to another apartment.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 3. Common Areas and Facilities Owned With Apartments. › Sec. 34.07.210. Waiver of liability for share of common expenses prohibited.

Waiver by an apartment owner of the use or enjoyment of any of the common areas and facilities or abandonment of the apartment does not exempt the owner from liability for contribution towards the common expenses of common areas or facilities.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 3. Common Areas and Facilities Owned With Apartments. › Sec. 34.07.220. Collection of unpaid common expenses from apartment owner.

A sum assessed by the association of apartment owners but unpaid for the share of the common expenses chargeable to any apartment may be enforced by the manager or board of directors acting on behalf of the apartment owners, upon first obtaining the approval of a majority of all apartment owners, in the following manner:
(1) 10 days' notice shall be given the delinquent apartment owner stating that unless the assessment is paid within 10 days any or all utility services will be immediately severed and shall remain severed until the assessment is paid; or
(2) by the lawful method of enforcement as may be provided in the declaration or bylaws.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 3. Common Areas and Facilities Owned With Apartments. › Sec. 34.07.230. Unpaid common expense is lien on apartment; order of lien priority.

A sum assessed by the association of apartment owners but unpaid for the share of the common expenses chargeable to an apartment constitutes a lien on the apartment prior to all other liens except
(1) tax liens on the apartment in favor of an assessing unit or special district; and
(2) sums unpaid on deeds of trust or mortgages of record.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 3. Common Areas and Facilities Owned With Apartments. › Sec. 34.07.240. Common expense lien foreclosure.

(a) A common expense lien under AS 34.07.230 may be foreclosed in a civil action brought by the manager or board of directors, acting on behalf of the apartment owners, in the same manner as a lien on, or mortgage of or a deed or trust of real property.
(b) In the event of foreclosure, the apartment owner shall be required to pay a reasonable rental for the apartment, if provided for in the bylaws, and the plaintiff in the foreclosure may appoint a receiver to collect it.
(c) The manager or board of directors, acting on behalf of the apartment owners may, unless prohibited by the declaration, bid in the apartment at the foreclosure sale, and may acquire and hold, lease, mortgage, and convey the apartment.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 3. Common Areas and Facilities Owned With Apartments. › Sec. 34.07.260. Causes of action relating to common areas and facilities.

(a) Without limiting the rights of an apartment owner, a cause of action may be brought by the manager or board of directors, in either case in the discretion of the board of directors, on behalf of two or more apartment owners, as their respective interests may appear, with respect to a cause of action relating to the common areas and facilities of more than one apartment.
(b) A cause of action relating to the common areas and facilities for damages arising out of tortious conduct may be maintained only against the association of apartment owners and a judgment lien or other charge is a common expense. The judgment lien or charge is removed from an apartment and its percentage of undivided interest in the common areas and facilities upon payment by the respective owner of the proportionate share based on the percentage of undivided interest owned by that owner.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 3. Common Areas and Facilities Owned With Apartments. › Sec. 34.07.270. Service of process on two or more apartment owners.

Service of process on two or more apartment owners in an action relating to the common areas and facilities of more than one apartment may be made on the person designated in the declaration to receive service of process.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 3. Common Areas and Facilities Owned With Apartments. › Sec. 34.07.280. Receipts and expenditures records to be kept.

(a) The manager or board of directors shall keep detailed and accurate records in chronological order of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and facilities and any other expenses incurred.
(b) All books and records shall be kept in accordance with good accounting procedures.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 3. Common Areas and Facilities Owned With Apartments. › Sec. 34.07.290. Examination by apartment owner of receipts and expenditures.

The receipts and expenditures records and vouchers authorizing payment for maintenance and repair of common areas and facilities required to be kept by AS 34.07.280 shall be available for examination by an apartment owner at convenient hours of weekdays.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 4. Damage or Destruction of Property. › Sec. 34.07.300. Determination to be made by apartment owners if property destroyed.

If within 60 days of damage or destruction of all or part of the property it is not determined by a majority of all apartment owners to repair, reconstruct, or rebuild in accordance with the original plan, or by a unanimous vote of all apartment owners to do otherwise, then
(1) the property shall be owned in common by the apartment owners;
(2) the undivided interest in the property owned in common that appertains to each apartment owner shall be the percentage of undivided interest previously owned by that owner in the common areas and facilities; and
(3) mortgages, deeds of trust, or liens affecting any of the apartments are transferred in accordance with the existing priorities to the percentage of the undivided interest of the apartment owner in the property.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 4. Damage or Destruction of Property. › Sec. 34.07.320. Distribution of funds from partition sale.

(a) The net proceeds of a sale of the property conducted in an action for partition started under AS 34.07.310 shall be considered as one fund.
(b) The fund shall be divided into separate shares, one for each apartment owner in a percentage equal to the percentage of undivided interest that the owner has in the property.
(c) After first paying out of the respective share of each apartment owner, all mortgages, deeds of trust, and liens on the undivided interest in the property owned by the apartment owner, the balance remaining in each share shall be distributed to each apartment owner respectively.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 5. Removal of Property From the Horizontal Property Regime. › Sec. 34.07.330. Removal of property from the provisions of this chapter.

All of the apartment owners may remove a property from the provisions of this chapter by a recorded instrument to that effect if the mortgagees, trustees, and holders of all liens affecting any of the apartments consent or agree, in either case by a recorded instrument, that their mortgages, deeds of trust, and liens are transferred to the percentage of the undivided interest of the apartment owner in the property under AS 34.07.340.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 5. Removal of Property From the Horizontal Property Regime. › Sec. 34.07.340. Ownership of property upon removal from the provisions of this chapter.

(a) Upon removal of the property from the provisions of this chapter, the property is owned in common by the apartment owners.
(b) The undivided interest in the property owned in common that appertains to each apartment owner is the percentage of the undivided interest previously owned by the owners in the common areas and facilities.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 5. Removal of Property From the Horizontal Property Regime. › Sec. 34.07.350. Removal of property does not bar subsequent resubmission under this chapter.

The removal of property under AS 34.07.330 - 34.07.340 does not bar the subsequent resubmission of the property to the provisions of this chapter.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 6. Miscellaneous Provisions. › Sec. 34.07.360. Strict compliance with bylaws by apartment owner necessary.

Each apartment owner shall comply strictly with the bylaws and with the adopted administrative regulations, as either may be lawfully amended from time to time, and with the covenants, conditions, and restrictions set out in the declaration or in the deed to the apartment. Failure to comply with any of the foregoing is ground for an action to recover sums due for damages or injunctive relief, or both, maintainable by the manager or board of directors on behalf of the association of apartment owners or by a particularly aggrieved apartment owner.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 6. Miscellaneous Provisions. › Sec. 34.07.370. Unanimous consent of all apartment owners needed for certain work on individual apartment.

An apartment owner may not do work that will jeopardize the soundness or safety of the property, reduce its value, or impair any easement or hereditament without the unanimous consent of all of the other apartment owners being first obtained.
2023 Alaska Statutes › Title 34. Property › Chapter 07. Horizontal Property Regimes Act › Article 6. Miscellaneous Provisions. › Sec. 34.07.390. Persons subject to this chapter.

(a) An apartment owner, a tenant, or their employees, or any other person that may in any manner use the property or any part of it under this chapter are subject to the provisions of this chapter, and to the declaration and bylaws of the association of apartment owners adopted under this chapter.
(b) An agreement, decision, and determination made by the association of apartment owners under this chapter, the declaration, or the bylaws and in accordance with the voting percentages established under this chapter, declaration, or the bylaws is binding on all apartment owners.