Section 34.08.130. Contents of declaration.

   (a) The declaration must contain
        (1) the names of the common interest community and the association and a statement that the common interest community is either a condominium, cooperative, or planned community;
        (2) the name of each recording district in which a part of the common interest community is situated;
        (3) a legally sufficient description of the real estate included in the common interest community;
        (4) a statement of the maximum number of units that the declarant reserves the right to create;
        (5) in a condominium or planned community, a description of the boundaries of each unit created by the declaration, including the identifying number of the unit, or in a cooperative, a description, which may be by plats or plans, of each unit created by the declaration, including the identifying number of the unit, its size or number of rooms, and its location within a building if it is within a building containing more than one unit;
        (6) a description of any limited common elements, other than those specified in AS 34.08.100(2) and (4) or 34.08.170(b)(10) and, in a planned community, any real estate that is or must become common elements;
        (7) a description of any real estate, except real estate subject to development rights, that may be allocated subsequently as limited common elements, other than limited common elements specified in AS 34.08.100(2) and (4), together with a statement that the designated real estate may be allocated;
        (8) a description of any development rights or other special declarant rights reserved by the declarant, together with a legally sufficient description of the real estate to which each of the rights applies, and a time limit within which each of the rights must be exercised;
        (9) if a development right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with
             (A) either a statement fixing the boundaries of the portions and regulating the order in which the portions may be subjected to the exercise of each development right or a statement that assurances are not made with regard to matters under this paragraph; and
             (B) a statement as to whether, if a development right is exercised in a portion of the real estate subject to the development right, the development right must be exercised in all or in any other portion of the remainder of that real estate;
        (10) any other condition or limitation under which the rights described in (8) of this subsection may be exercised or will lapse;
        (11) an allocation to each unit of the allocated interests in the manner described in AS 34.08.150;
        (12) any restrictions
             (A) on use, occupancy, and alienation of the units, and
             (B) on the amount for which a unit may be sold or on the amount that may be received by a unit owner on sale, condemnation, or casualty loss to the unit or to the common interest community, or on termination of the common interest community;
        (13) the recording data for recorded easements and licenses appurtenant to or included in the common interest community or to which any portion of the common interest community is or may become subject by virtue of a reservation in the declaration; and
        (14) each matter required by AS 34.08.140, 34.08.150, 34.08.160, 34.08.170, 34.08.230, 34.08.240 and 34.08.330(d).
   (b) A declaration may contain other matters the declarant considers appropriate.

Authorities

34.08.160;34.08.180;34.08.250;34.08.300;34.08.990

Notes

References

AS 34.08.160 Limited common elements.
AS 34.08.180 Exercise of development rights.
AS 34.08.250 Amendment of declaration.
AS 34.08.300 Addition of unspecified real estate.
AS 34.08.990 Definitions.

History

(Sec. 1 ch 95 SLA 1985)