Alaska HOA & Condo Laws

Assessment Collection Compare across states →

How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …

AS §34.08.320

Common Interest Ownership Act — Powers of Association →

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; …

AS §34.08.460

Common Interest Ownership Act — Assessments for Common Expenses →

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 …

AS §34.08.470

Common Interest Ownership Act — Lien for Assessments →

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 …

AS §34.08.590

Common Interest Ownership Act — Resales of Units →

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 …

Meetings and Notice Compare across states →

Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.

AS §34.08.390

Common Interest Ownership Act — Meetings →

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 …

Elections and Voting Compare across states →

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

AS §34.08.330

Common Interest Ownership Act — Executive Board Members and Officers →

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 …

Enforcement and Fines Compare across states →

Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.

AS §34.08.320

Common Interest Ownership Act — Powers of Association →

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; …

AS §34.08.470

Common Interest Ownership Act — Lien for Assessments →

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 …

Resale Disclosure Compare across states →

Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.

AS §34.08.590

Common Interest Ownership Act — Resales of Units →

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 …

Insurance Requirements Compare across states →

Statutory insurance requirements for HOAs and condominiums — property insurance, liability coverage, directors and officers, fidelity bonds, flood insurance, and cyber liability. Coverage minimums, deductible assessments, and claims procedures.

AS §34.08.440

Common Interest Ownership Act — Insurance →

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

AS §34.08.590

Common Interest Ownership Act — Resales of Units →

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 …

Fiduciary Duty Compare across states →

Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …

AS §34.08.320

Common Interest Ownership Act — Powers of Association →

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; …

AS §34.08.330

Common Interest Ownership Act — Executive Board Members and Officers →

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 …

Governance Documents Compare across states →

The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.

AS §34.07.010

Horizontal Property Regimes Act — Applicability →

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 …

AS §34.08.010

Common Interest Ownership Act — Applicability →

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 …

AS §34.08.320

Common Interest Ownership Act — Powers of Association →

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; …

Foreclosure and Liens Compare across states →

Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.

AS §34.08.470

Common Interest Ownership Act — Lien for Assessments →

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 …

Developer Transition Compare across states →

The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.

AS §34.08.340

Common Interest Ownership Act — Transfer of Association Control →

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, …

Construction Defect Compare across states →

Statute of limitations and statute of repose for construction defect claims. Right to repair acts, pre-litigation notice requirements, developer transition obligations, and warranty provisions applicable to common interest communities.

AS §09.10.055

Statute of Repose — 10 Years →

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 …

AS §09.45.881

Notice of Claim — Construction 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 …

Legal Facts by Category
Special assessments permitted for limited common element expenses, insurance, and utilities. AS §34.08.460
Past-due assessments bear interest up to 18% per year. AS §34.08.460
Common expenses allocated per declaration. AS §34.08.460
Assessments made at least annually per the budget. AS §34.08.460
Association has a lien on a unit from the time an assessment or fine becomes due. AS §34.08.470
Six months immediately preceding institution of an action to enforce the lien AS §34.08.470 (b)
Extinguished unless proceedings to enforce the lien are instituted within three years AS §34.08.470 (e)
Additional exceptions for hazardous waste exposure, fraud, gross negligence, express warranty breaches, and concealed defects. AS §09.10.055
10-year statute of repose from substantial completion of construction. AS §09.10.055
Does not apply to claims resulting from intentional or reckless disregard of design plans, specifications, or building codes. AS §09.10.055
Applies to condominiums and multi-family housing under AS 34.08. AS §09.45.881
Pre-litigation notice and right-to-cure regime for construction defect claims. AS §09.45.881
Construction professional has 21 days to respond (inspect, offer settlement, or dispute). AS §09.45.881
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. AS §34.08.590
Purchaser not liable for unpaid assessments exceeding certificate amount. AS §34.08.590
Within 10 days after a written request by a unit owner AS §34.08.590 (b)
Voidable by the purchaser until the certificate has been provided and for five days after AS §34.08.590 (c)
Lien provisions under AS 34.07.230 do NOT include super-priority — liens are subordinate to prior recorded mortgages. AS §34.07.010
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. AS §34.08.470
Lien extinguished unless proceedings instituted within 3 years after assessment becomes due. AS §34.08.470
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. AS §34.08.470
Association must furnish within 10 days of written request and payment of a reasonable fee. AS §34.08.590
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. AS §34.08.590
Claimant must deliver written notice at least 90 days before filing a court action, describing the defect in reasonable detail. AS §09.45.881
AS 34.08.010 explicitly states AS 34.07 does not apply to communities created after 1986. AS §34.07.010
Alaska's older condominium act. AS §34.07.010
Applies only to condominiums whose owners voluntarily submitted property to the regime by recording a declaration before January 1, 1986. AS §34.07.010
Applies to all common interest communities (condominiums, planned communities, cooperatives) created in Alaska after January 1, 1986. AS §34.08.010
Pre-1986 communities are subject to AS 34.08 only for events occurring after January 1, 1986. AS §34.08.010
Supersedes the older Horizontal Property Regimes Act (AS 34.07) and cooperative act (AS 10.15) for post-1986 communities. AS §34.08.010
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. AS §34.08.320
Limits on rulemaking regarding residential unit use. AS §34.08.320
Minimum 3 board members (1-2 allowed for communities under 12 units). AS §34.08.330
Majority must be unit owners. AS §34.08.330
Board acts on behalf of the association except for declaration amendments, community termination, and board elections. AS §34.08.330
Officers and board members must exercise the care required of fiduciaries of the unit owners. AS §34.08.330
Declarant must transfer control not more than 60 days after termination of declarant control. AS §34.08.340
Financial records must be reviewed by an independent CPA per GAAP. AS §34.08.340
Requires independent inspection of common areas by a registered engineer, architect, or qualified appraiser before turnover. AS §34.08.340
Notice required not less than 10 nor more than 60 days in advance, delivered by hand or prepaid U.S. AS §34.08.390
Notice must state time, place, and agenda items, including proposed amendments, budget changes, and board member removal proposals. AS §34.08.390
Special meetings may be called by president, majority of the board, or unit owners with 20% of votes. AS §34.08.390
Association must hold at least one meeting per year. AS §34.08.390
Not less than 10 nor more than 60 days in advance of a meeting AS §34.08.390 (a)
Insurance requirements for common interest communities. AS §34.08.440
Association must maintain property and liability insurance on common elements. AS §34.08.440
Declarant must deliver comprehensive records including original declaration, articles, bylaws, minutes, financial statements, funds, construction plans, insurance, permits, warranties, and owner roster. AS §34.08.340
This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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