Sec. 34.08.040. Applicability to preexisting common interest communities.

166 words·~1 min read·/ak/title-34/chapter-8/34-08-040·

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(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 .