(a) Except for amendments that may be executed by a declarant under AS 34.08.170(b) or 34.08.180, by the association under AS 34.08.140(d), 34.08.170(c), 34.08.200(a), 34.08.210, or 34.08.740, or by certain unit owners under AS 34.08.160(b), 34.08.200(a), 34.08.210(b), or 34.08.260(b), and except as limited by (d) or required by (f) of this section, a declaration, including any required plats and plans, may be amended only by vote or agreement of unit owners of units comprising either at least 67 percent of the allocated interests in the association or a larger percentage specified in the declaration. A declaration may not specify a smaller number unless all of the units are restricted exclusively to nonresidential use.
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Terms Used In Alaska Statutes 34.08.250

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • writing: includes printing. See Alaska Statutes 01.10.060
(b) An action to challenge the validity of an amendment adopted by the association under this section may not be brought more than one year after the amendment is recorded.
(c) Each amendment to the declaration must be recorded, and a plat or plan that accompanies the amendment filed and recorded, in each recording district in which a portion of the common interest community is located and the amendment is effective only upon recording. An amendment, except an amendment under Alaska Stat. § 34.08.200 (a), must be indexed in the name of the common interest community and the association and in the name of the parties executing the amendment.
(d) Except to the extent expressly permitted or required in this chapter, an amendment may not create or increase special declarant rights, increase the number of units, or change the boundaries of a unit, the allocated interests of a unit, or the uses to which a unit is restricted, in the absence of unanimous consent of the unit owners
(e) An amendment to the declaration required by this chapter to be recorded by the association must be prepared, executed, recorded, and certified on behalf of the association by an officer of the association designated for that purpose or, in the absence of designation, by the president of the association.
(f) The time limits specified in a declaration described under AS 34.08.130(a)(8) may be extended and additional development rights created if persons entitled to cast at least 80 percent of the votes in the association, including 80 percent of the votes allocated to units not owned by the declarant, agree to the extension or additional development rights. The agreement is effective 30 days after an amendment to the declaration reflecting the terms of the agreement is recorded unless all persons holding special declarant rights affected by the amendment or security interests in those rights

(1) record a written objection within the 30-day period, in which case, the amendment is void; or
(2) consent in writing when the amendment is recorded, in which case, the amendment is effective when recorded.
(g) If a declaration requires an association 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 (h) – (n) of this section.
(h) To amend the declaration under (g) of this section, the association 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.
(i) The association shall include in the notice provided under (h) 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.
(j) If an association complies with (h) and (i) of this section and the lienholder fails to respond to the association within 60 days after the postmark date of the notice provided under (h) of this section, the lienholder is considered to have approved the proposed amendment.
(k) A lienholder may not unreasonably withhold the lienholder’s consent to an amendment under (g) – (n) of this section.
(l) The provisions of (g) – (n) of this section are not intended to be the exclusive method for an association to obtain the consent of a lienholder to an amendment of the declaration. If an association obtains the consent of a lienholder without using the method provided by (g) – (n) of this section, the association may obtain the consent of other lienholders by using the method provided by (g) – (n) of this section.
(m) The provisions of (g) – (n) of this section apply to a lienholder whose lien on the property has been recorded under Alaska Stat. Chapter 40.17.
(n) In (g) – (m) of this section, “lienholder” means a person that is a mortgagee, lender, or other holder of a lien on the property.
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