Section 08.88.990. Definitions.

In this chapter,
        (1) "commission" means the Real Estate Commission except where the context indicates that "commission" refers to a fee paid for personal services;
        (2) "community association management" means an activity undertaken for an owners' association with regard to property organized under either AS 34.07 or AS 34.08 under an agreement in exchange for a fee, commission, or other valuable consideration, including the following activities: preparing budgets and other financial documents, collecting, controlling, or disbursing funds, obtaining insurance for the association, contracting for maintenance and repair to association property, and supervising the day-to-day operations of the association under the direction of the association's board of directors;
        (3) "community association operating account" means an account in a financial institution maintained in the name of a specific community association that contains money used for day-to-day operation and not for other uses;
        (4) "community association reserve account" means an account in a financial institution maintained in the name of a specific community association that contains money reserved for the expected replacement cost of improvements within the community association or for other future uses;
        (5) "final arbitration award" means an arbitration award for which there is no further right to appeal;
        (6) "final judgment" means a judgment for which there is no further right to appeal;
        (7) "initial license"
             (A) means the first
                  (i) real estate broker license that the commission issues to a person, even if the person previously received an associate real estate broker license or real estate salesperson license under this chapter;
                  (ii) associate real estate broker license that the commission issues to a person, even if the person previously received a real estate broker license or a real estate salesperson license under this chapter;
                  (iii) real estate salesperson license under this chapter that the commission issues to a person, even if the person previously received a real estate broker license or an associate real estate broker license under this chapter;
                  (iv) issuance of a license to an individual after the individual's license has been revoked under AS 08.01.075;
             (B) does not include the reinstatement of a license under AS 08.88.241(b);
        (8) "knowingly" has the meaning given in AS 11.81.900(a);
        (9) "lease" includes a lease that is a part of another transaction;
        (10) "property management" is an activity undertaken for another with regard to real property under an agreement in exchange for a fee, commission, or other valuable consideration, including the following activities: marketing, leasing, contracting for physical, administrative, or financial maintenance, performance of overall management of real property, and the supervision of these actions;
        (11) "real estate" means an interest or estate in land, corporeal or incorporeal, except that it does not include a unit in a hotel, motel, boarding house, rooming house, or other transient lodging facility, or a unit in a warehouse, mini-storage facility, or other facility the function of which is limited to warehousing purposes;
        (12) "real estate licensee" is a person who holds a license under this chapter; the term includes a broker unless the context clearly excludes brokers;
        (13) "real estate transaction"
             (A) in sales, means the transfer or attempted transfer of an interest in a unit of real property, an act conducted as a result of or in pursuit of a contract to transfer an interest in a unit of real property, or an act conducted in an attempt to obtain a contract to market real property;
             (B) in property management, means the lease or rental of a unit of real property, including collection of rent from a tenant of a unit of rented or leased real property, an attempt to rent or lease a unit of real property, an attempt to collect rent from a tenant of rented or leased real property, or an act conducted as a result of or in pursuit of a contract to manage a unit of leased or rented real property;
             (C) in community association management, means the collection or attempted collection of dues from a unit owner or an activity conducted as a result of or in pursuit of a contract with a community association to manage the affairs of a community association;
        (14) "resident manager" means a person who resides on rented or leased real property or on contiguous property owned by the same owner, manages the property for the benefit of another person, and is either employed by the owner of the real estate or employed by, or under contract with, a real estate licensee.

Authorities

8.88.431

Notes

References

AS 8.88.431 .88.431">Sec. 08.88.431.

History

(Sec. 1 ch 95 SLA 1964; am Sec. 58 ch 218 SLA 1976; am Sec. 32, 42 ch 167 SLA 1980; am Sec. 50 - 53 ch 45 SLA 1998; am Sec. 13 ch 74 SLA 2005; am Sec. 23 ch 113 SLA 2008)