Section 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.

Authorities

34.08.180;34.08.250

Notes

References

AS 34.08.180 Exercise of development rights.
AS 34.08.250 Amendment of declaration.

History

(Sec. 1 ch 95 SLA 1985; am Sec. 15 ch 161 SLA 1988)