Section 34.08.340. Transfer of association control.

   (a) Before or not more than 60 days after the termination of declarant control, the declarant shall relinquish control of the common interest community and the unit owners shall accept control.  At the same time, the declarant shall deliver to the common interest community all property of the unit owners and of the common interest community held or controlled by the declarant including, but not limited to
        (1) the original or a photocopy of the recorded declaration and each amendment to the declaration; if a photocopy is provided, it shall be certified by affidavit of the declarant, or an officer or agent of the declarant, as being a complete copy of the actual recorded declaration;
        (2) a certified copy of the common interest community articles of incorporation, trust or partnership agreement;
        (3) a copy of the bylaws;
        (4) the minute books, including all minutes, and other books and records of the common interest community;
        (5) the rules and regulations that have been adopted;
        (6) resignations of officers and members of the executive board who are required to resign because the declarant is required to relinquish control of the common interest community;
        (7) the financial records, including financial statements of the common interest community, and source documents since the incorporation of the common interest community through the date of turnover;
        (8) common interest community funds or control of the funds of the common interest community;
        (9) all tangible personal property that is property of the common interest community, represented by the declarant to be the property of the association or ostensibly the property of the association and an inventory of the property;
        (10) a copy of the plans and specifications utilized in the construction or remodeling of improvements and the supplying of equipment to the common interest community and in the construction and installation of all mechanical components serving the improvements and the site, with a certificate in affidavit form of the declarant or an architect or engineer authorized to practice in the state that the plans and specifications represent, to the best of their knowledge and belief, the actual plans and specifications utilized in the construction and improvement of the common interest community property and for the construction and installation of the mechanical components serving the improvements;
        (11) insurance policies;
        (12) copies of any certificates of occupancy that may have been issued for the common interest community property;
        (13) any other permits issued by governmental bodies applicable to the common interest community property in force or issued within one year before the date the unit owners other than the declarant take control of the common interest community;
        (14) all written warranties of the contractor, subcontractors, suppliers, and manufacturers, if any, that are still effective;
        (15) a roster of unit owners and their addresses and telephone numbers, if known, as shown on the declarant's records;
        (16) leases of the common elements and other leases to which the association is a party;
        (17) employment contracts or service contracts in which the common interest community is one of the contracting parties or service contracts in which the common interest community or the unit owners have an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service;
        (18) all other contracts to which the common interest community is a party.
   (b) The records shall be reviewed by an independent certified public accountant.  The minimum report required is a review in accordance with generally accepted accounting standards as defined by regulation by the Board of Public Accountancy.  The accountant performing the review shall examine to the extent necessary supporting documents and records, including the cash disbursements and related paid invoices to determine if expenditures were for the common interest community purposes and the billings, cash receipts, and related records to determine that the declarant was charged and paid the proper amounts of assessments.
   (c) Before the transfer of control from the declarant to the association, an inspection of the common areas and limited common areas subject to the association's control shall be completed by
        (1) an independent registered engineer, architect, or land surveyor;
        (2) an appraiser with the designation of senior residential appraiser, senior real property appraiser, or senior real estate analyst of the Society of Real Estate Appraisers;
        (3) a residential member, or member of the appraisal institute, of the American Institute of Real Estate Appraisers; or
        (4) an individual with a designation established by regulation of the Alaska Housing Finance Corporation for fee appraisers who certify the completion of construction.
   (d) A report shall be prepared indicating the incomplete work and repairs needed and the method of completing the work and making the repairs.  The transfer of control to the association shall be based upon the declarant's obligation to complete all repairs and finish all incomplete work within a reasonable time after transfer of control under representations in the public offering statement.

Notes

History

(Sec. 1 ch 95 SLA 1985)