Alaska Statutes

Alaska Stat. § 34.08.160 (2026)

Limited common elements

✓ current as of July 2026
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Sec. 34.08.160. Limited common elements.
 (a) Except for the limited common elements described in AS 34.08.100(2) and (4), the declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without the consent of the unit owners whose units are affected.

 (b) Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. The persons executing the amendment shall provide a copy of the amendment to the association, which shall record the amendment and file and record a plat or plan that accompanies the amendment. The amendment must be recorded, and an accompanying plat or plan filed and recorded, in the names of the parties and the common interest community.

 (c) A common element not previously allocated as a limited common element may be allocated as a limited common element only under provisions in the declaration adopted under AS 34.08.130(a)(7). The allocation must be made by an amendment to the declaration.


Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2009–2024 · 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 4× “24 Acknowledging the validity of Helfrich's claim simply means that whether a tenant is complaining about-or suing about-the landlord's failure to maintain the rental premises as required by AS 34.”
Cooper Leasing, LLC v. The Woronzof Condo. Ass'n, The Woronzof Condo. Ass'n v. Cooper Leasing, LLC (Alaska 2024). “320(a)(6) conflicts with AS 34.08.160(c), which requires that any transfer of common area into limited common area be directly approved by owners and recorded in the declaration.”
Alaska Stat. § 34.08.160(b): 1 case
Helfrich v. Valdez Motel Corp., 207 P.3d 552 (Alaska 2009). “24 Acknowledging the validity of Helfrich's claim simply means that whether a tenant is complaining about-or suing about-the landlord's failure to maintain the rental premises as required by AS 34.”
Alaska Stat. § 34.08.160(c): 1 case
Cooper Leasing, LLC v. The Woronzof Condo. Ass'n, The Woronzof Condo. Ass'n v. Cooper Leasing, LLC (Alaska 2024). “320(a)(6) conflicts with AS 34.08.160(c), which requires that any transfer of common area into limited common area be directly approved by owners and recorded in the declaration.”
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