Alaska HOA laws

Alaska HOA and Condo Laws, in Plain English

Alaska has 2 statutes that govern community associations: Horizontal Property Regimes Act and Uniform Common Interest Ownership Act. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

HOA laws

Alaska

AK
Horizontal Property Regimes Act Uniform Common Interest Ownership Act
Resale documentResale Certificate
Fee capNo fixed dollar cap
Deadline10 days
Buyer may cancel5 days after receiving it

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

AS 34.07 (Horizontal Property Regimes Act)

Condominiums

Alaska's original condominium statute, governing horizontal property regimes (condominiums) created in the state before January 1, 1986. It covers how a regime is formed and recorded, ownership and use of apartments and common areas, the association's assessment lien and collection remedies, and basic owner disclosure duties on resale. Select provisions of the newer common interest ownership act also extend forward to cover these older condominiums.

  • AS 34.07.140 (Statement of unpaid assessments)

    Under Alaska's older condominium statute, entitles a purchaser to a statement from the association's manager or board showing the seller's unpaid assessment balance before the sale closes. The statement is binding once given, so the buyer and the unit cannot be held for unpaid assessments beyond what it discloses.

    Official text
Read AS 34.07 on the state's site

AS 34.08 (Uniform Common Interest Ownership Act)

CondominiumsHOAs and planned communitiesCooperatives

Alaska's modern common interest ownership statute, governing condominiums, cooperatives, and planned communities (homeowner associations) formed on or after January 1, 1986, with select provisions reaching back to also cover older communities. It addresses formation and governance of the association, the executive board and owner meetings, association records and financial reporting, the assessment lien and collection process, and a unit owner's disclosure obligations when a unit is resold.

  • AS 34.08.590 (Resales of units)

    Requires a unit owner, with the association's help, to give a purchaser the governing documents and a resale certificate describing the community's finances, assessments, and legal standing before a sale closes. The statute sets a deadline for the association to produce the certificate and a fee limit, and gives the buyer a way to unwind the deal if the certificate is not delivered in time.

    Official text
  • AS 34.08.470 (Lien for assessments)

    Gives the association a lien on a unit for unpaid assessments and fines and sets out how that lien is prioritized and enforced. It also requires the association, on request, to give a unit owner or purchaser a statement of the unit's unpaid assessment balance, a binding payoff-style disclosure used in sales and refinances.

    Official text
Read AS 34.08 on the state's site

When a Home Sells in Alaska

Alaska law has the association furnish resale certificate to the buyer, under AS 34.08.590. The figures below come from the rules Havn applies to every order.

What Alaska calls the resale document
Resale Certificate
Fee cap
No fixed dollar cap
Delivery deadline
10 days
Buyer's right to cancel
5 days after receiving it

The full Alaska resale rules, who pays, and how to order are on the Alaska resale certificate page. Every state's cap and deadline sit side by side in the fee and deadline table.

Alaska HOA Law Questions

Which law governs condominiums in Alaska?

AS 34.07 (Horizontal Property Regimes Act) and AS 34.08 (Uniform Common Interest Ownership Act). Alaska's original condominium statute, governing horizontal property regimes (condominiums) created in the state before January 1, 1986.

Which law governs HOAs in Alaska?

AS 34.08 (Uniform Common Interest Ownership Act). Alaska's modern common interest ownership statute, governing condominiums, cooperatives, and planned communities (homeowner associations) formed on or after January 1, 1986, with select provisions reaching back to also cover older communities.

Does Alaska cap the fee for a resale certificate?

No. Alaska sets no dollar cap on resale certificate, so the association or its management company sets the fee within the statute.

How long does an Alaska association have to deliver resale certificate?

10 days, counted from the request.

Where can I read the Alaska statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a Alaska community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.