Section 34.08.180. Exercise of development rights.

   (a) To exercise a development right reserved under AS 34.08.130(a)(8), a declarant shall prepare, execute, and record an amendment to the declaration, file and record a plat or plan that accompanies the amendment, and, in a condominium or planned community, comply with AS 34.08.170. The declarant is the unit owner of the units created under the amendment. The amendment to the declaration must assign an identifying number to each new unit created, and, except in the case of subdivision or conversion of units described in (b) of this section, reallocate the allocated interests among all units. The amendment must describe common elements and any limited common elements created under the amendment and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by AS 34.08.160.
   (b) A development right may be reserved within any real estate added to the common interest community if the amendment adding the real estate includes the matters required by AS 34.08.130 or 34.08.140, and, in a condominium or planned community, if the plats and plans include the matters required by AS 34.08.170.  This provision does not extend the time limit on the exercise of development rights imposed by the declaration under AS 34.08.130(a)(8).
   (c) Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements, or both,
        (1) if the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the other units as if that unit had been taken by eminent domain; and
        (2) if the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.
   (d) If the declaration under AS 34.08.130(a)(8) provides that all or a portion of the real estate is subject to a right of withdrawal:
        (1) if all of the real estate is subject to withdrawal and the declaration does not describe separate portions of real estate subject to the right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and
        (2) if a portion is subject to withdrawal, it may not be withdrawn after a unit in the portion has been conveyed to a purchaser.
   (e) A declarant may terminate development rights by an amendment to the declaration.

Authorities

34.08.690

Notes

References

AS 34.08.690 Declarant's obligation to complete and restore.

History

(Sec. 1 ch 95 SLA 1985; am Sec. 19 ch 161 SLA 1988)