Alaska HOA Laws: What Homeowners Need to Know in 2026

Alaska regulates homeowners associations through the Common Interest Ownership Act (AS 34.08). It covers condominiums, cooperatives and planned communities created after January 1, 1986; older ones get a short list of its sections. Unpaid assessments become a lien that can outrank a first mortgage for six months of budgeted dues.

AS 34.08 or AS 34.07: which one reaches your community

AS 34.08 is Alaska’s version of the Uniform Common Interest Ownership Act (its short title, AS 34.08.995). For anything created after 1986 there is no second statute to check: the same chapter handles the condo tower and the subdivision with a mandatory association, which the Act calls a “planned community.” The creation date decides how much of it applies:

Older condominiums may sit under AS 34.07, the Horizontal Property Regimes Act, which applies only to property whose owners recorded a declaration submitting it to that regime (AS 34.07.010). For a community “created under AS 34.07 before January 1, 1986,” the AS 34.08 lien section governs post-1986 events but does not invalidate a conflicting declaration provision (AS 34.08.040(b)).

In a community created after January 1, 1986, the association must be organized as a profit or nonprofit corporation, a trust or a partnership (AS 34.08.310), and its board members owe owners “the care required of fiduciaries” (AS 34.08.330(a)).

What a missed payment costs under AS 34.08.460 and .470

Late assessments carry interest at the rate the association sets, capped at 18 percent a year (AS 34.08.460(b)); .460 is not on the pre-1986 list.

The AS 34.08.470 lien attaches when an assessment or a fine comes due. Unless the declaration says otherwise, late charges, fines, interest and the fees allowed by AS 34.08.320(a)(10)–(12) are enforceable as assessments. The recorded declaration perfects the lien; no separate claim of lien is needed.

In a condominium or planned community the lien outranks every other lien on the unit except (1) one recorded before the declaration, (2) a first security interest recorded before the assessment became delinquent, and (3) real estate taxes and other governmental assessments or charges. It still beats that first security interest for the regular budget-based assessments that would have come due, without acceleration, in the six months immediately before the association sues to enforce. Mechanic’s and materialman’s liens, and liens for other assessments made by the association, keep their priority, and the lien “is not subject to” AS 09.38.010, the homestead exemption. Cooperatives have parallel wording.

Foreclosure in a condominium or planned community follows AS 34.35.005: a court action in district or superior court, depending on the amount. The lien is extinguished unless enforcement starts within three years after the full assessment is due (AS 34.08.470(e)). Ask in writing and the association owes you a binding statement of unpaid assessments within 10 business days (AS 34.08.470(h)).

A fine is lawful only if it is “reasonable” and comes “after notice and an opportunity to be heard” (AS 34.08.320(a)(11)), a clause that also reaches pre-1986 communities.

Meetings, budgets and the books

In post-1986 communities owners meet at least yearly. Notice goes out by hand or prepaid U.S. mail 10 to 60 days ahead and lists the agenda, including proposed amendments, budget changes and board removals (AS 34.08.390). Unless the bylaws say otherwise, the quorum is people entitled to cast 20 percent of the board-election votes, present in person or by proxy when the meeting opens (AS 34.08.400(a)).

In those post-1986 communities, budgets pass by default. Within 30 days of adopting one, the board sends a summary and sets a meeting 14 to 30 days after mailing; only a majority of all owners, or a larger vote the declaration demands, can reject it (AS 34.08.330(c)). Owners can remove any board member other than a declarant appointee, with or without cause, by two-thirds of those present and entitled to vote at a noticed meeting with a quorum (AS 34.08.330(g)).

AS 34.08.490 says financial and other records “must be made reasonably available for examination” by an owner or the owner’s agent. It sets no day count.

Buying a unit: the AS 34.08.590 resale certificate

Unless the sale requires the developer’s public offering statement or is exempt under AS 34.08.510(b), the seller must give you, before you sign or before conveyance, the declaration, bylaws, rules and a certificate stating:

1. the effect of any right of first refusal or other restraint on transfer;
2. the monthly assessment and any unpaid common expense or special assessment the seller owes now;
3. any other fee owners pay;
4. capital expenditures over $3,000 the board approved for this and the next two fiscal years;
5. reserves, and any part earmarked for a project;
6. the latest regularly prepared balance sheet and income and expense statement, if any;
7. the current operating budget;
8. unsatisfied judgments against the association and the status of its pending suits;
9. insurance coverage for owners’ benefit;
10. whether the board knows of alterations to the unit or its limited common elements that break the declaration;
11. whether the board knows of a health, safety, fire, building code or other legal violation in the unit, its limited common elements or elsewhere in the community;
12. the remaining term of any leasehold on the community and how it can be extended or renewed;
13. declaration limits on what an owner receives on sale, condemnation, casualty loss or termination;
14. for a cooperative, any accountant’s statement on deductibility of taxes and interest the association paid.

The association has 10 days after a written request, and payment of “a reasonable fee,” to produce the certificate; no dollar figure is set. You are not liable for unpaid assessments above what it shows. The contract stays voidable by you until the certificate arrives and for five days after, or until conveyance if sooner (AS 34.08.590(c)). An owner in a pre-1986 planned community that is not exempt under AS 34.08.050, collects no assessments and has no association, officers or board may use a recordable affidavit instead (AS 34.08.590(d)).

Questions Alaska owners ask

My condo predates 1986. Does AS 34.08 apply?

Partly: only the sections listed in AS 34.08.040(a), and only for events after January 1, 1986. The lien, records and resale-certificate sections are on that list; the meeting-notice, quorum and 18 percent interest rules are not.

Can the association foreclose over fines alone?

The lien covers fines unless the declaration says otherwise, and in a condominium or planned community it is foreclosed through a court action under AS 34.35.005. The fine has to follow notice and a chance to be heard.

How long can a delinquent balance sit before the lien dies?

Three years after the full amount is due, unless the association has started enforcement proceedings by then (AS 34.08.470(e)).

Full text: AS 34.08 on the Alaska Legislature site. Related: HOA glossary, selling a home in an HOA, Alaska closing costs, Alaska homeowners insurance, Alaska hub, buyer’s guide, seller’s guide.