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AK SB143
Bill
AI Summary
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Creates a process for associations of apartment owners to obtain lienholder consent for declaration amendments by sending certified notice with the proposed amendment to the lienholder's recorded address or other address provided to the association.
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Lienholder consent is presumed if the lienholder fails to respond within 60 days after the postmark date of the notice, and liensholders may not unreasonably withhold consent.
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The notice to lienholders must include a statement that the association intends to amend the declaration, a request for consent, notification that the amendment will proceed if no response is received within 60 days, and a statement that consent cannot be unreasonably withheld.
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Clarifies that these consent procedures are not the exclusive method for obtaining lienholder approval and allows associations to use alternative methods for some lienholders while using the statutory procedure for others.
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Preserves existing declaration provisions in common interest communities created before January 1, 1986, even if they conflict with current law regarding events or circumstances occurring after January 1, 1986.
Legislative Description
Common Interest Communities; Liens
Property
Last Action
EFFECTIVE DATE(S) OF LAW 10/6/22
7/8/2022