Section 34.08.360. Termination of contracts and leases of declarant.

   (a) If entered into before the executive board elected by the unit owners under AS 34.08.330(f) takes office (1) a management contract, employment contract, or lease of recreational or parking areas or facilities; (2) a contract or lease between the association and a declarant or an affiliate of a declarant; or (3) a contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing may be terminated without penalty by the association at any time after the executive board elected by the unit owners under AS 34.08.330(f) takes office upon not less than 90 days' notice to the other party.
   (b) This section does not apply to
        (1) a lease if a termination of the lease would terminate the common interest community or reduce its size, unless the real estate subject to the lease was included in the common interest community for the purpose of avoiding the right of the association to terminate a lease under this section; or
        (2) a proprietary lease.

Authorities

34.08.530

Notes

References

AS 34.08.530 Public offering statements generally.

History

(Sec. 1 ch 95 SLA 1985)