Question:
We have a cabin in Poachers Cove, a seasonal recreational property here in Alaska. In past years, I could gain access to my property by calling the local caretaker and he would let me in.
The board has decided that it will not allow vehicle access from Oct 1 to May 1. Is it legal for the board to restrict access to the common areas….i.e., roads….so that I can’t drive to my property?
They say I’m welcome to walk in…..but I’m wanting to finish my cabin over the winter and hauling in supplies will be extremely difficult as it’s a really long walk and would be near impossible to carry any building materials.
Thank you
– Jerry
Answer:
Hi Jerry,
According to the Alaska Uniform Common Interest Ownership Act Section 34.08.240(b), homeowners have an easement in the common elements to access their unit or to use the common elements for all other purposes. This may or may not be applicable as you are allowed to walk instead of using a vehicle. You may also check the governing documents to see whether there are any provisions regarding vehicle restrictions. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
