Title 34 — Property
24 chapters · 562 sections in this title.
AS 34.08.530 Public offering statements generally.
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(a) Except as provided in (b) of this section, a public offering statement must fully and accurately contain or disclose (1) the name and principal address of the declarant and of the common interest community and indicate whether the common interest community is a condominium, c…
AS 34.08.540 Common interest communities subject to development rights.
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If the declaration provides that a common interest community is subject to development rights, the public offering statement must disclose, in addition to the information required by AS 34.08.530, (1) the maximum number of units, and the maximum number of units per acre, that may…
AS 34.08.550 Time shares.
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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 t…
AS 34.08.560 Common interest communities containing conversion property.
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(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 th…
AS 34.08.570 Common interest community securities.
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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 t…
AS 34.08.580 Purchaser's right to cancel.
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(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…
AS 34.08.590 Resales of units.
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(a) Except for a sale in which delivery of a public offering statement is required, or unless the sale is exempt under AS 34.08.510(b), a unit owner shall furnish to a purchaser before execution of a contract for sale of a unit or before conveyance a copy of the declaration, as a…
AS 34.08.600 Escrow of deposits.
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A deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement under AS 34.08.520(c) must be placed in escrow and held either in this state or in the state where the unit is located in an account designated so…
AS 34.08.610 Release of liens.
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(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…
AS 34.08.620 Conversion property.
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(a) A declarant of a common interest community containing conversion property, and any dealer who intends to offer units in a common interest community containing conversion units, shall give each residential tenant and each residential subtenant in possession of a portion of con…
AS 34.08.630 Express warranties of quality.
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(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 communi…
AS 34.08.640 Implied warranties of quality.
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(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 th…
AS 34.08.650 Exclusion or modification of implied warranties of quality.
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(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 s…
AS 34.08.660 Statute of limitations for warranties.
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(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…
AS 34.08.670 Effect of violations on rights of action.
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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 dama…
AS 34.08.680 Labeling of promotional material.
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Promotional material may not be displayed or delivered to a prospective purchaser that describes or portrays an improvement that is not in existence unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified either as…
AS 34.08.690 Declarant's obligation to complete and restore.
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(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…
AS 34.08.700 Substantial completion of units.
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Article 5. General Provisions.
AS 34.08.710 Variation by agreement.
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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…
AS 34.08.720 Separate titles and taxation.
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(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. …
AS 34.08.730 Applicability of local ordinances, regulations, and building codes.
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(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…
AS 34.08.740 Eminent domain.
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(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 t…
AS 34.08.750 Supplemental general principles of law applicable.
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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, receive…
AS 34.08.760 Construction against implicit repeal.
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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.
AS 34.08.770 Uniformity of application and construction.
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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.
AS 34.08.780 Severability.
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If a provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions o…
AS 34.08.790 Unconscionable agreement or term of contract.
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(a) Upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, a court may refuse to enforce the contract, may enforce the remainder of the contract without the unconscionable clause, or may limit the application of th…
AS 34.08.800 Obligation of good faith.
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A contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.
AS 34.08.810 Remedies to be liberally administered.
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(a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. Consequential, special, or punitive damages may not be awarded except as specifically provided in …
AS 34.08.820 Adjustment of dollar amounts.
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(a) The dollar amounts specified in AS 34.08.030 and 34.08.510(b)(7) change under (b) and (c) of this section, according to and to the extent of changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers: U.S. City Average, All Items 1967 equal 100, compiled …
AS 34.08.830 Transfer of unit in a cooperative.
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If a unit in a cooperative is owned by a unit owner or is sold, conveyed, voluntarily or involuntarily encumbered, or otherwise transferred by the unit owner, the interest in the unit that is owned, sold, conveyed, encumbered, or otherwise transferred is the right to possession o…
AS 34.08.990 Definitions.
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In this chapter, (1) “affiliate of a declarant” (A) means a person who controls, is controlled by, or is under common control with a declarant; (B) as used in this paragraph, a person “controls” a declarant if the person (i) is a general partner, officer, director, or employer of…
AS 34.08.995 Short title.
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This Act may be cited as the Uniform Common Interest Ownership Act.
AS 34.10.010 Secs. 34.10.010 — 34.10.160. Administration, registration, enforcement. [Repealed, § 20 ch 182 SLA 1978.]
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[Repealed or reserved.]
AS 34.10.170 [Renumbered as AS 38.05.875.]
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[Repealed or reserved.]
AS 34.10.180 Secs. 34.10.180 — 34.10.240. Redemption. [Repealed, § 20 ch 182 SLA 1978.]
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[Repealed or reserved.]
AS 34.15.010 Manner of executing conveyances.
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(a) A conveyance of land, or of an estate or interest in land, may be made by deed, signed and sealed by the person from whom the estate or interest is intended to pass, who is of lawful age, or by the lawful agent or attorney of the person, and acknowledged or proved, and record…
AS 34.15.015 Use of recorded master form.
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If reference is made in a document to a recorded master form, a copy of the form, or so much of it as is incorporated by reference, must be provided to each party to the transaction by the party that furnished the document.
AS 34.15.020 Conveyance by nonresident married woman. [Repealed, § 103 ch 127 SLA 1974.]
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[Repealed or reserved.]
AS 34.15.030 Form of warranty deed.
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(a) A warranty deed for the conveyance of land may be substantially in the following form, without express covenants: “The grantor (here insert the name or names and place of residence) for and in consideration of (here insert consideration) in hand paid, conveys and warrants to …
AS 34.15.040 Form of quitclaim deed.
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(a) A quitclaim deed may be substantially in the following form: “The grantor (here insert the name or names and place of residence), for and in consideration of (here insert consideration) conveys and quitclaims to (here insert grantee's name or names) all interest which I (we) …
AS 34.15.050 Effect of quitclaim.
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A deed of quitclaim and release for the form in common use is sufficient to pass all the real estate which the grantor can convey by a deed of bargain and sale.
AS 34.15.060 Passage of fee.
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The term “heirs” or other words of inheritance are not necessary to create or convey an estate in fee simple.
AS 34.15.070 Passage of grantor's entire estate.
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(a) A conveyance of real estate passes all the real estate of the grantor, unless the intent to pass a less estate appears by express terms or is necessarily implied in the terms of the grant. (b) A conveyance by a tenant for life or years purporting to grant a greater estate tha…
AS 34.15.075 Receipt of after-acquired title or interest.
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(a) In addition to any estate passed by the grantor under AS 34.15.070, whenever a person purports by a warranty deed, or, for Alaska Native Claims Settlement Act real property, a quitclaim deed, to grant real property in fee or in fee simple to a grantee and subsequently acquire…
AS 34.15.080 Covenants not implied.
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No covenant is implied in a conveyance of real estate, whether the conveyance contains special covenants or not.
AS 34.15.090 Covenant not implied in mortgage.
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A mortgage may not be construed as implying a covenant for the payment of the sum intended to be secured by the mortgage. When there is no express covenant for payment contained in the mortgage, and no bond or other separate instrument to secure payment is given, the remedies of …
AS 34.15.100 Conveyance of lands held adversely.
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A grant or conveyance of land or interest in land is not void because at the time of the execution the land is in the actual possession of another claiming adversely.
AS 34.15.105 Transfer fee covenants prohibited.
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(a) A document that conveys real estate may not include a provision that requires a subsequent grantee or grantor to pay a transfer fee to convey the real estate, except a document that conveys real estate may include a provision that requires a transfer fee if the fee is (1) a l…
AS 34.15.110 Conveyances construed as creating tenancy in common.
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(a) A conveyance or devise of land or an interest in land made to two or more persons, other than to executors and trustees, as such, shall be construed to create a tenancy in common in the estate, except as provided in (b) of this section and AS 34.77.100. (b) A husband and wife…