Alaska HOA Laws

Familiarity with state laws is paramount to successful HOA management. Homeowners associations in Alaska, in particular, should know about the different acts that govern them. Read about the Alaska HOA laws below.


How to Form an HOA in Alaska

To create a common interest community in Alaska, associations must file the community Articles of Incorporation with the state commissioner. This document should consist of the complete details about the association. According to the Alaska Statutes Section 10.20.151, the Articles of Incorporation must include the name of the community, the community’s rules and regulations, and provisions limiting board members’ personal liability, among other things.


Alaska HOA Laws for Horizontal Property Regimes

The Alaska Horizontal Property Regimes Act can be found in the Alaska Statutes § 34.07.010. This Act determines how horizontal property regimes must be created, managed, and operations. It also outlines the powers of these properties. Associations can choose to be governed by this Act through the process of recording a Master Deed or Declaration.

This Act consists of seven articles, with sections falling under each article. Below, you will find the articles and sections of the Alaska Horizontal Property Regimes Act.

Article 1 – Formation Of Horizontal Property Regimes

Article 2 – Apartment Ownership And Conveyancing

Article 3 – Common Areas and Facilities Owned With Apartments

Article 4 – Damage or Destruction Of Property

Article 5 – Removal Of Property From The Horizontal Property Regime

Article 6 – Miscellaneous Provisions

Article 7 – General Provisions


Alaska HOA Laws for Common Interest Communities

The Alaska Uniform Common Interest Ownership Act, also known as the AUCIOA, governs the creation, management, authority, and operations of common interest communities formed after January 1, 1986. This includes homeowners associations, condominiums, real estate cooperatives, and other planned communities.

Some of the items that the AUCIOA covers include the responsibilities of board members and officers, the maintenance of the community, meeting guidelines, voting, proxies, and how to handle surplus funds. It also provides guidance on assessments and the liens for assessments.

Below, you will find the articles and sections of the Alaska Uniform Common Interest Ownership Act.

Article 1. Applicability.

Article 2. Creation, Alteration, and Termination of Common Interest Communities.

Article 3. Management of the Common Interest Community.

Article 4. Protection of Purchasers.

Article 5. General Provisions.


Alaska HOA Laws on Corporate Governance

When it comes to corporate procedure and structure, Alaska homeowners associations should look to the Alaska Nonprofit Corporation Act. Such associations are typically formed as non-profit organizations. For any topics not covered in the AUCIOA, associations should look to the Alaska Nonprofit Corporation Act.

There are 11 articles under this Act, each one further divided into sections.

Article 1. Substantive Provisions.

Article 2. Formation of Corporations.

Article 3. Amendment.

Article 4. Merger, Consolidation, and Disposition of Assets.

Article 5. Dissolution.

Article 6. Foreign Corporations.

Article 7. Biennial Reports and Notices.

Article 8. Fees and Charges.

Article 9. Penalties.

Article 10. Miscellaneous Provisions.

Article 11. General Provisions.


Fair Housing

The Alaska HOA laws on Fair Housing protects persons from discrimination. It is similar to the federal Fair Housing Act, which states that housing providers can’t discriminate based on race, color, national origin, sex, religion, disability, or familial status.

In addition to these classes, the HOA laws of Alaska also extends to marital status, pregnancy, and age. Those who believe they have been discriminated against by their homeowners association can file a complaint with the U.S. Department of Housing and Urban Development or with the Alaska State Commission for Human Rights. Alternatively, residents may use private methods such as the filing of a lawsuit against the HOA in federal or state court.

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