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- Alaska Statutes.
- Title 34. Property
- Chapter 8. Common Interest Ownership
- Section 430. Conveyance or Encumbrance of Common Elements.
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AS 34.08.430. Conveyance or Encumbrance of Common Elements.
- (a) In a condominium or planned community, portions of the common elements may be conveyed or subjected to a security
interest by the association if persons entitled to cast at least 80 percent of the votes in the association, including
80 percent of the votes allocated to units not owned by a declarant, or any larger percentage the declaration
specifies, agree to the action, but each owner of a unit to which a limited common element is allocated must agree in
order to convey the limited common element or subject it to a security interest. The declaration may specify a smaller
percentage only if each of the units is restricted exclusively to nonresidential uses. The proceeds of the sale and
proceeds of a loan secured by encumbering a common area are an asset of the association.
- (b) Part of a cooperative may be conveyed and all or part of a cooperative may be subjected to a security interest by the
association if persons entitled to cast at least 80 percent of the votes in the association, including 80 percent of
the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to the
action, but, if fewer than all of the units or limited common elements are to be conveyed or subjected to a security
interest, then each unit owner of the units to which the limited common elements are allocated must agree in order to
convey the units or limited common elements or subject them to a security interest. The declaration may specify a
smaller percentage only if each of the units is restricted exclusively to nonresidential uses. The proceeds of the
sale and proceeds of a loan secured by encumbering a common area are an asset of the association. A purported
conveyance or other voluntary transfer of an entire cooperative, unless made under AS 34.08.260
, is void.
- (c) An agreement to convey common elements in a condominium or planned community or to subject the common elements to a
security interest and an agreement to convey any part of a cooperative or subject the cooperative to a security
interest must be evidenced by the execution of an agreement, or ratifications of the agreement, in the same manner as a
deed by the requisite number of unit owners. The agreement must specify a date after which the agreement will be void
unless recorded before the date. The agreement and each ratification of the agreement must be recorded in each
recording district in which a portion of the common interest community is situated and is effective only upon
recording.
- (d) The association on behalf of the unit owners may contract to convey an interest in common interest community under (a)
of this section, but the contract is not enforceable against the association until approved under (a) - (c) of this
section. After approval under (a) - (c) of this section, the association has the powers necessary and appropriate to
effect the conveyance or encumbrance, including the power to execute a deed or other instrument.
- (e) Unless made under this section, a purported conveyance, encumbrance, judicial sale, or other voluntary transfer of
common elements or of any other part of a cooperative is void.
- (f) A conveyance or encumbrance of common elements or of a cooperative under this section does not deprive a unit of its
rights of access and support.
- (g) Unless the declaration provides otherwise, a conveyance or encumbrance of common elements under this section does not
affect the priority or validity of preexisting encumbrances.
- (h) In a cooperative, the association may acquire, hold, encumber, or convey a proprietary lease without complying with
this section.
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