Alaska § 34.07.025 - Amendment of declaration; lienholder consent.
Full text of Alaska Alaska Statutes § 34.07.025 — Amendment of declaration; lienholder consent., with citation guidance and answers to common questions.
§ 34.07.025. Amendment of declaration; lienholder consent.
(a) If a declaration requires an association of apartment owners to obtain the consent of a lienholder with a lien on the property before the association may amend the declaration, the association may obtain the consent of the lienholder under this section.
(b) To amend the declaration under (a) of this section, the association of apartment owners shall send to a lienholder a dated written notice and a copy of the proposed amendment by certified mail, return receipt requested, to the most recent address of the lienholder shown on the mortgage, deed of trust, or other document that established the lien and to any other address provided by the lienholder to the association in writing.
(c) The association of apartment owners shall include in the notice provided under (b) of this section (1) a statement that the association intends to amend the declaration;
(2) a request that the lienholder consent to the amendment;
(3) a statement that the association will amend the declaration if the lienholder fails to respond to the notice within 60 days after the postmark date of the notice; and
(4) a statement that the lienholder may not unreasonably withhold the lienholder's consent.
(d) If an association of apartment owners complies with (b) and (c) of this section and the lienholder fails to respond to the association within 60 days after the postmark date of the notice provided under (b) of this section, the lienholder is considered to have approved the proposed amendment.
(e) A lienholder may not unreasonably withhold the lienholder's consent to an amendment under this section.
(f) This section is not intended to be the exclusive method for an association of apartment owners to obtain the consent of a lienholder to an amendment of the declaration. If the association obtains the consent of a lienholder without using the method provided by this section, the association may obtain the consent of other lienholders by using the method provided by this section.
(g) This section applies to a lienholder whose lien on the property has been recorded under AS 40.17 .
(h) In this section, “lienholder” means a person that is a mortgagee, lender, or other holder of a lien on the property.
Frequently Asked Questions About Alaska § 34.07.025
What does Alaska Statutes § 34.07.025 cover?
Section 34.07.025 ("Amendment of declaration; lienholder consent.") is part of the Alaska Statutes, the codified statutory law of Alaska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alaska § 34.07.025?
A common citation format is "Alaska Statutes § 34.07.025" (Alaska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alaska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alaska official source linked on this page or consult a licensed Alaska attorney.
How does Alaska § 34.07.025 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alaska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alaska.