Section 34.08.590. Resales of units.

   (a) Except for a sale in which delivery of a public offering statement is required, or unless the sale is exempt under AS 34.08.510(b), a unit owner shall furnish to a purchaser before execution of a contract for sale of a unit or before conveyance a copy of the declaration, as amended, the bylaws, the rules or regulations of the association, and a certificate containing a statement disclosing
        (1) the effect on the proposed disposition of a right of first refusal or other restraint on the free alienability of the unit;
        (2) the amount of the monthly common expense assessment and any unpaid common expense or special assessment currently due and payable from the selling unit owner;
        (3) any other fee payable by unit owners;
        (4) any capital expenditures in excess of $3,000 approved by the executive board for the current and two next succeeding fiscal years;
        (5) the amount of reserves for capital expenditures and of any portions of the reserves designated by the association for a specified project;
        (6) the most recent regularly prepared balance sheet and income and expense statement, if any, of the association;
        (7) the current operating budget of the association;
        (8) any unsatisfied judgment against the association and the status of any pending suit in which the association is a defendant or plaintiff;
        (9) any insurance coverage provided for the benefit of unit owners;
        (10) whether the executive board has knowledge that any alterations or improvements to the unit or to the limited common elements assigned to the unit violate any provision of the declaration;
        (11) whether the executive board has knowledge of any violation of a health or safety, fire, or building code or other law, ordinance, or regulation with respect to the unit, the limited common elements assigned to the unit, or any other portion of the common interest community;
        (12) a statement of the remaining term of a leasehold estate affecting the common interest community and the provisions governing an extension or renewal of the lease;
        (13) a statement of any restrictions in the declaration affecting the amount that may be received by a unit owner upon sale, condemnation, casualty loss to the unit or the common interest community, or termination of the common interest community; and
        (14) in a cooperative, an accountant's statement, if any was prepared, as to the deductibility for federal income tax purposes by the unit owner of real estate taxes and interest paid by the association.
   (b) The association, within 10 days after a written request by a unit owner and the payment of a reasonable fee, shall furnish a certificate containing the information necessary to enable the unit owner to comply with this section.  A unit owner providing a certificate under (a) of this section is not liable to the purchaser for erroneous information provided by the association and included in the certificate.
   (c) A purchaser is not liable for an unpaid assessment or fee greater than the amount set out in the certificate prepared by the association.  A unit owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner, but the purchase contract is voidable by the purchaser until the certificate has been provided and for five days after the certificate was provided or until conveyance, whichever occurs first.
   (d) A unit owner in a planned community that was created before January 1, 1986, is not exempt under AS 34.08.050, and does not collect assessments as a planned community and has not formed an association or elected officers or an executive board may comply with (a) and (b) of this section by furnishing the purchaser of the unit an affidavit in recordable form
        (1) stating that assessments are not collected, the last date assessments were collected, if known, the amount of the last assessment, if known, and the reason assessments ceased;
        (2) stating that an association has not been formed or that no officers or executive board exists; and
        (3) providing the purchaser a copy of
             (A) the recorded declaration, if any, and any amendment to the declaration;
             (B) bylaws, rules, and regulations of the association, if any; and
             (C) a brief narrative description of
                  (i) the real estate comprising the planned community; and
                  (ii) obligations to pay for real estate taxes, insurance premiums, maintenance, and improvements of the real estate described in the declaration.

Authorities

34.08.320;34.08.490

Notes

References

12 AAC 64.500
AS 34.08.320 Powers of unit owners' association.
AS 34.08.490 Association records.

History

(Sec. 1 ch 95 SLA 1985; am Sec. 8 ch 61 SLA 1986)