Alaska Statutes

Alaska Stat. § 34.08.100 (2026)

Unit boundaries

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 34.08.100. Unit boundaries.
Except as provided by the declaration
     (1) if walls, floors, or ceilings are designated as boundaries of a unit, the lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and other materials constituting a part of the finished surfaces of the walls, floors, or ceilings are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements;

     (2) if a chute, flue, duct, wire, conduit, bearing wall, bearing column, or other fixture lies partially within and partially outside the designated boundaries of a unit, the portion serving only the unit is a limited common element allocated solely to the unit, and any portion serving more than one unit or a portion of the common elements is a part of the common elements;

     (3) subject to (2) of this section, spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit;

     (4) shutters, awnings, window boxes, doorsteps, stoops, porches, decks, balconies, patios, and each exterior door and window or other fixture designed to serve a single unit that is located outside the boundaries of the unit, are limited common elements allocated exclusively to the unit.


Notes of Decisions
Cited in 3 cases, 2000–2009 · leading case: Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009).
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Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). · cites it 7× “14 Faced with "a noncompliance with AS 34.08.100 materially affecting health and safety," the tenant may give notice that the tenancy will terminate unless the breach is remedied.”
DeNardo v. Corneloup, 163 P.3d 956 (Alaska 2007). “310(a) from retaliation includes complaining to landlords about AS 34.08.100 violations, seeking enforcement of URLTA rights and remedies, organizing or joining a tenant's union or similar organization, and complaining to a governmental agency that enforees housing, wage, price,…”
Chilton-Wren v. Olds, 1 P.3d 693 (Alaska 2000). “180 by *696 failing to supply heat and hot water and AS 34.08.100 by failing to maintain safe and habitable premises, Chilton-Wren had presented insufficient evidence to enable the court to determine the amount of damages.”
Alaska Stat. § 34.08.100(a): 1 case
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “14 Faced with "a noncompliance with AS 34.08.100 materially affecting health and safety," the tenant may give notice that the tenancy will terminate unless the breach is remedied.”
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