(a) The provisions of AS 34.08.510
- 34.08.700 apply to all units subject to this chapter, except as provided in (b) of this section or as modified or waived by agreement of purchasers of units in a common interest community in which each unit is restricted to nonresidential use.


(b) A public offering statement and a resale certificate are not required to be prepared or delivered on


(1) a gratuitous disposition of a unit;


(2) a disposition under a court order;


(3) a disposition by a governmental agency;


(4) a disposition by foreclosure or deed in lieu of foreclosure;


(5) a disposition to a dealer;


(6) a disposition that may be canceled at any time and for any reason by the purchaser without penalty;


(7) a disposition of a unit in a planned community in which the declaration limits the maximum annual assessment of a unit to not more than $300, as adjusted under AS 34.08.820
, if


(A) the declarant has a reasonable and good faith belief that the maximum stated assessment will be sufficient to pay the expenses of the planned community;


(B) the declaration cannot be amended to increase the assessment during the period of declarant control without the consent of all unit owners; and


(C) the planned community is not subject to development rights; or


(8) a disposition of property by a nonprofit development corporation if that corporation is eligible for assistance from the Neighborhood Reinvestment Corporation organized under 42 U.S.C. 8101 - 42 U.S.C. 8107 (Neighborhood Reinvestment Corporation Act) for neighborhood housing services, neighborhood revitalization, and economic development projects in a community.