(a) Without limiting the rights of an apartment owner, a cause of action may be brought by the manager or board of directors, in either case in the discretion of the board of directors, on behalf of two or more apartment owners, as their respective interests may appear, with respect to a cause of action relating to the common areas and facilities of more than one apartment.
(b) A cause of action relating to the common areas and facilities for damages arising out of tortious conduct may be maintained only against the association of apartment owners and a judgment lien or other charge is a common expense. The judgment lien or charge is removed from an apartment and its percentage of undivided interest in the common areas and facilities upon payment by the respective owner of the proportionate share based on the percentage of undivided interest owned by that owner.
Structure Alaska Statutes
Chapter 07. Horizontal Property Regimes Act
Article 3. Common Areas and Facilities Owned With Apartments.
Sec. 34.07.160. Common areas and facilities ownership.
Sec. 34.07.170. Nonexclusive easement to use common areas and facilities.
Sec. 34.07.180. Alteration of common areas and facilities ownership.
Sec. 34.07.190. Partition of common areas and facilities ownership prohibited.
Sec. 34.07.200. Maintenance, repair, and replacement of common areas and facilities.
Sec. 34.07.210. Waiver of liability for share of common expenses prohibited.
Sec. 34.07.220. Collection of unpaid common expenses from apartment owner.
Sec. 34.07.230. Unpaid common expense is lien on apartment; order of lien priority.
Sec. 34.07.240. Common expense lien foreclosure.
Sec. 34.07.250. Action to recover a judgment for unpaid common expenses does not waive lien.
Sec. 34.07.260. Causes of action relating to common areas and facilities.
Sec. 34.07.270. Service of process on two or more apartment owners.
Sec. 34.07.280. Receipts and expenditures records to be kept.
Sec. 34.07.290. Examination by apartment owner of receipts and expenditures.