Alaska HOA & Condominium Law

10-year statute of repose from substantial completion of construction. Does not apply to claims resulting from intentional or reckless disregard of design plans, specifications, or building codes. Additional exceptions for hazardous waste exposure, fraud, gross negligence, express warranty breaches, and concealed defects.

Pre-litigation notice and right-to-cure regime for construction defect claims. Claimant must deliver written notice at least 90 days before filing a court action, describing the defect in reasonable detail. Construction professional has 21 days to respond (inspect, offer settlement, or dispute). Applies to condominiums and multi-family housing under AS 34.08.

Alaska's older condominium act. Applies only to condominiums whose owners voluntarily submitted property to the regime by recording a declaration before January 1, 1986. AS 34.08.010 explicitly states AS 34.07 does not apply to communities created after 1986. Lien provisions under AS 34.07.230 do NOT include super-priority — liens are subordinate to prior recorded mortgages.

Applies to all common interest communities (condominiums, planned communities, cooperatives) created in Alaska after January 1, 1986. Supersedes the older Horizontal Property Regimes Act (AS 34.07) and cooperative act (AS 10.15) for post-1986 communities. Pre-1986 communities are subject to AS 34.08 only for events occurring after January 1, 1986.

Association may adopt and amend bylaws and rules; adopt and amend budgets for revenues, expenditures, and reserves; collect assessments; hire and discharge agents; initiate litigation; acquire property; impose late fees and fines; and provide indemnification for officers and board members. Limits on rulemaking regarding residential unit use.

Officers and board members must exercise the care required of fiduciaries of the unit owners. Board acts on behalf of the association except for declaration amendments, community termination, and board elections. Minimum 3 board members (1-2 allowed for communities under 12 units). Majority must be unit owners. Board members removable by two-thirds vote. Within 30 days of adopting a proposed budget, board must provide summary to unit owners and schedule a ratification meeting 14-30 days later. Budget ratified unless rejected by majority.

Declarant must transfer control not more than 60 days after termination of declarant control. Requires independent inspection of common areas by a registered engineer, architect, or qualified appraiser before turnover. Declarant must deliver comprehensive records including original declaration, articles, bylaws, minutes, financial statements, funds, construction plans, insurance, permits, warranties, and owner roster. Financial records must be reviewed by an independent CPA per GAAP. Declarant control periods: 60 days after 75% conveyance, 2 years after sales cease, or 2 years after last unit addition.

Association must hold at least one meeting per year. Notice required not less than 10 nor more than 60 days in advance, delivered by hand or prepaid U.S. mail. Notice must state time, place, and agenda items, including proposed amendments, budget changes, and board member removal proposals. Special meetings may be called by president, majority of the board, or unit owners with 20% of votes.

Insurance requirements for common interest communities. Association must maintain property and liability insurance on common elements.

Assessments made at least annually per the budget. Common expenses allocated per declaration. Past-due assessments bear interest up to 18% per year. Special assessments permitted for limited common element expenses, insurance, and utilities.

Association has a lien on a unit from the time an assessment or fine becomes due. The lien is prior to all other liens except liens recorded before the declaration, first security interests recorded before the assessment became delinquent, and government tax liens. Includes a 6-month super-priority provision: the association's lien takes priority over first security interests for assessments that would have become due during the 6 months immediately preceding institution of an enforcement action. Lien extinguished unless proceedings instituted within 3 years after assessment becomes due. Recording the declaration constitutes perfection.

Requires unit owners to furnish purchasers with copies of the declaration, bylaws, rules, and a certificate disclosing 14 categories of information before contract execution or conveyance. Certificate must include restraints on alienability, monthly assessments and unpaid amounts, other fees, capital expenditures over $3,000, reserve amounts, balance sheet and income/expense statements, operating budget, pending litigation, insurance coverage, and code violations. Association must furnish within 10 days of written request and payment of a reasonable fee. Purchaser not liable for unpaid assessments exceeding certificate amount. Contract voidable by purchaser until certificate provided and for 5 days after receipt.