HB 269: "An Act relating to the amendment of a declaration that creates a common interest community."
00 HOUSE BILL NO. 269 01 "An Act relating to the amendment of a declaration that creates a common interest 02 community." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 34.08.250(a) is amended to read: 05 (a) Except for amendments that may be executed by a declarant under 06 AS 34.08.170(b) or 34.08.180, [OR] by the association under AS 34.08.140(d), 07 34.08.160(c), 34.08.200(a), 34.08.210, or 34.08.740, or by certain unit owners under 08 AS 34.08.160(b), 34.08.200(a), 34.08.210(b), or 34.08.260(b), and except as limited 09 by (d) or required by (f) and (g) of this section, a declaration, including any required 10 plats and plans, may be amended only by vote or agreement of unit owners of units 11 comprising either at least 67 percent of the allocated interests in the association or a 12 larger percentage specified in the declaration. A declaration may not specify a smaller 13 number unless all of the units are restricted exclusively to nonresidential use. 14 * Sec. 2. AS 34.08.250(d) is amended to read:
01 (d) Except to the extent expressly permitted or required in [BY OTHER 02 PROVISIONS OF] this chapter, an amendment may not create or increase special 03 declarant rights, increase the number of units, or change the boundaries of a unit, the 04 allocated interests of a unit, or the uses to which a unit is restricted, in the absence of 05 unanimous consent of the unit owners. 06 * Sec. 3. AS 34.08.250 is amended by adding new subsections to read: 07 (f) By vote or agreement of unit owners of units to which at least 80 percent of 08 the votes in the association are allocated or a larger percentage specified in the 09 declaration, an amendment to the declaration may prohibit or materially restrict the 10 permitted uses of or behavior in a unit or the number or other qualifications of persons 11 that may occupy units. The amendment must provide reasonable protection for a use 12 or occupancy permitted at the time the amendment was adopted. 13 (g) The time limits specified in a declaration described under 14 AS 34.08.130(a)(8) may be extended and additional development rights created if 15 persons entitled to cast at least 80 percent of the votes in the association, including 80 16 percent of the votes allocated to units not owned by the declarant, agree to the 17 extension or additional development rights. The agreement is effective 30 days after 18 an amendment to the declaration reflecting the terms of the agreement is recorded 19 unless all persons holding special declarant rights affected by the amendment or 20 security interests in those rights 21 (1) record a written objection within the 30-day period, in which case, 22 the amendment is void; or 23 (2) consent in writing when the amendment is recorded, in which case, 24 the amendment is effective when recorded.