Alaska law · Common Interest Ownership Act

AS 34.08.040

Applicability to preexisting common interest communities

Covered in 2 owner guides

What this section does for you

Applies the fine clause, the lien section, and the records duty retroactively to communities created before January 1, 1986, for events occurring after that date.
Owner guide: Fines & violations in Alaska
Applies the records duty to communities created before January 1, 1986, for events after that date — an older association can't claim the openness rule doesn't reach it.
Owner guide: Records & transparency in Alaska

The statutory text

Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.

(a) Except as provided in AS 34.08.050, the provisions of AS 34.08.110, 34.08.120, 34.08.290, 34.08.320(a)(1) — (6) and (11) — (16), 34.08.420, 34.08.470, 34.08.490, 34.08.510, 34.08.590, 34.08.670, 34.08.720, 34.08.730, 34.08.740, and 34.08.990, to the extent necessary in construing any of those sections, apply to all common interest communities created in the state before January 1, 1986, except that the sections apply only with respect to events and circumstances occurring after January 1, 1986, and do not invalidate existing provisions of the declaration, bylaws, or plats or plans of the common interest communities. (b) For the purposes of (a) of this section, the application of AS 34.08.470 to a common interest community created under AS 34.07 before January 1, 1986, with respect to an event or circumstance occurring after January 1, 1986, does not invalidate a provision in the declaration of the common interest community, even if the provision in the declaration conflicts with AS 34.08.470.