Title 34 — Property
24 chapters · 562 sections in this title.
AS 34.07.010 This chapter applicable only if declaration executed and recorded.
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(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 …
AS 34.07.020 Contents of declaration.
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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 …
AS 34.07.025 Amendment of declaration; lienholder consent.
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(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 decla…
AS 34.07.030 Filing and recording of survey map and floor plans with verified statement.
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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;…
AS 34.07.040 Amendment to declaration in place of verified statement by architect or engineer regarding floor plans.
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(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 c…
AS 34.07.050 Form of floor plans.
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The recording office shall prescribe the style, size, form, and quality of floor plans filed and recorded under AS 34.07.030.
AS 34.07.060 Survey map and floor plans subject to state and local laws.
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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 …
AS 34.07.070 Recording of instruments affecting horizontal property regimes.
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Article 2. Apartment Ownership and Conveyancing. The declaration, an amendment to it, or any instrument by which the property may be removed from this chapter and every instrument affecting the property or an apartment may be recorded.
AS 34.07.080 Apartment classified as real property.
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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.
AS 34.07.090 Apartment ownership and possession.
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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.
AS 34.07.100 Separation of apartment ownership from common areas and facilities ownership prohibited.
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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.
AS 34.07.110 Release or partial release from encumbrance affecting apartment with first conveyance; partial waiver of lien claims.
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(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,…
AS 34.07.120 Liability of grantee for unpaid common expenses at time of conveyance.
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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…
AS 34.07.130 Person obtaining possession upon foreclosure of apartment not liable for common expenses.
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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 li…
AS 34.07.140 Grantee entitled to statement of unpaid assessments.
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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 exce…
AS 34.07.150 Contents of apartment deed.
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Article 3. Common Areas and Facilities Owned With Apartments. 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, a…
AS 34.07.160 Common areas and facilities ownership.
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(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 percenta…
AS 34.07.170 Nonexclusive easement to use common areas and facilities.
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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.
AS 34.07.180 Alteration of common areas and facilities ownership.
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(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…
AS 34.07.190 Partition of common areas and facilities ownership prohibited.
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(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 t…
AS 34.07.200 Maintenance, repair, and replacement of common areas and facilities.
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(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,…
AS 34.07.210 Waiver of liability for share of common expenses prohibited.
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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.
AS 34.07.220 Collection of unpaid common expenses from apartment owner.
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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 …
AS 34.07.230 Unpaid common expense is lien on apartment; order of lien priority.
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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; a…
AS 34.07.240 Common expense lien foreclosure.
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(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 forecl…
AS 34.07.250 Action to recover a judgment for unpaid common expenses does not waive lien.
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An action to recover a judgment for unpaid common expenses is maintainable without foreclosing or waiving the lien securing it.
AS 34.07.260 Causes of action relating to common areas and facilities.
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(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 resp…
AS 34.07.270 Service of process on two or more apartment owners.
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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.
AS 34.07.280 Receipts and expenditures records to be kept.
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(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 an…
AS 34.07.290 Examination by apartment owner of receipts and expenditures.
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Article 4. Damage or Destruction of Property. 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 convenien…
AS 34.07.300 Determination to be made by apartment owners if property destroyed.
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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) t…
AS 34.07.310 Action for partition if apartment owners fail to act.
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An action for partition may be started by an apartment owner if the apartment owners fail to act under AS 34.07.300 after the damage to or destruction of the property.
AS 34.07.320 Distribution of funds from partition sale.
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Article 5. Removal of Property From the Horizontal Property Regime. (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 apa…
AS 34.07.330 Removal of property from the provisions of this chapter.
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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 thei…
AS 34.07.340 Ownership of property upon removal from the provisions of this chapter.
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(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…
AS 34.07.350 Removal of property does not bar subsequent resubmission under this chapter.
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Article 6. Miscellaneous Provisions. 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.
AS 34.07.360 Strict compliance with bylaws by apartment owner necessary.
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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. Failur…
AS 34.07.370 Unanimous consent of all apartment owners needed for certain work on individual apartment.
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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.
AS 34.07.380 Common profits and expenses shared by apartment owners.
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The common profits of the property shall be distributed among and the common expenses shall be charged to the apartment owners according to the percentage of the undivided interest in the common areas and facilities.
AS 34.07.390 Persons subject to this chapter.
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(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 u…
AS 34.07.400 Insurance of property.
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(a) A manager or board of directors, if required by the declaration, bylaws, or by a majority of the apartment owners, or if requested by a mortgagee or trustee having a mortgage or a deed of trust of record covering an apartment, shall obtain insurance for the property against l…
AS 34.07.410 Liens against property, apartments, common areas, and facilities.
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(a) After the recording of the declaration as provided in this chapter, and while the property remains subject to this chapter, a lien may not arise or be effective against the property. During this period, liens or encumbrances may arise or be created only against each apartment…
AS 34.07.420 Removal of lien against two or more apartments.
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(a) If a lien against two or more apartments becomes effective, the apartment owners of the separate apartments may remove their apartments and the percentage of undivided interest in the common areas and facilities appurtenant to the apartments from the lien by payment of the fr…
AS 34.07.430 Assessment and taxation of apartments.
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(a) An apartment and its undivided interest in the common areas and facilities are a parcel and it is subject to separate assessments and taxation by each assessing unit for all types of taxes authorized by law including special ad valorem levies and special assessments. A buildi…
AS 34.07.440 Interpretation of local ordinances, resolutions, or zoning laws.
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Article 7. General Provisions. Local ordinances, resolutions, or laws relating to zoning shall be construed to treat like structures, lots, or parcels in like manner regardless of whether or not the ownership is divided by sale of apartments under this chapter rather than by leas…
AS 34.07.450 Definitions.
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In this chapter, unless the context otherwise requires, (1) “apartment” means a part of the property intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors, or part or parts of the floors, in a building, regardless o…
AS 34.07.460 Short title.
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This chapter may be cited as the Horizontal Property Regimes Act.