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AK SB143

Bill

Status

Passed

7/8/2022

Primary Sponsor

Josh Revak

Click for details

Origin

Senate

32nd Legislature

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Rules4/4/2022
Labor & Commerce2/17/2022
Labor & Commerce1/18/2022

Full Bill Text

No bill text available