Who Governs HOA in Alaska

Started by DebraR3 • 4 replies • 3072 views

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DebraR3 (Alaska)
Posts: 1

Posted:

I am currently seeking information about HOA in Alaska. The developer is wanting to hand the subdivion over to the current 20 homeowners, even though we have approximately 76 lots in the subdivision. I am considering to apply for one of the BOD position for the Homeowner's assocation. I need some help in finding out more information, how to I obtain sample letters that would address landscaping issues, animal running on the lose and garbage cans left out and any other situations that face subdivision with CC& R's.

EllenS1 (Florida)
Posts: 1,148

Posted:

Think about it. Do your docs say more than 20 units must be sold before the developer gets out of the picture? Evidently the developer wants to turn the subdivision over because it will save him money, which expenses would be handed over to the new HOA. I'd be very leary of going ahead with this without knowing all the facts.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By DebraR3 on 07/18/2008 8:52 AM
I am currently seeking information about HOA in Alaska. The developer is wanting to hand the subdivion over to the current 20 homeowners, even though we have approximately 76 lots in the subdivision. I am considering to apply for one of the BOD position for the Homeowner's assocation. I need some help in finding out more information, how to I obtain sample letters that would address landscaping issues, animal running on the lose and garbage cans left out and any other situations that face subdivision with CC& R's.

Debra,

Your CCRs should state when the declarant shall transition the assn. to the members. Generally the members are considered Class A voting members and the declarant is considered Class B voting member. The Class A members have one vote per lot, but the Class B member generally has 3 (maybe more) votes for each unsold lot. My assn CCRs state turnover takes place when: 1) the total votes outstanding in the class A membership equals or exceeds the total votes outstanding inthe class B membership; or 2) at the end of 10th year of the effective date (the date the CCRs were recorded); or 3) such earlier time as the declarant shall designate in writing. So, you can see oftentimes the declarant is given a lot of latitude as to when he can turnover the assn to the members.

As for gathering info: I would suggest researching state law to see if there are applicable HOA statutes in Alaska and also read and try to understand all your gov. docs. If you have any questions, please feel free to post them here. There are many people on this forum who will be able to give their opinions. We're not attorneys, so there is no legal advice being dispensed, just our opinions based on our experience.

TinaW (Alaska)
Posts: 1

Posted:

Debra:

I just found this site & joined. I live in Alaska also & in 2008 had to do some "legal" research also. Two sources I found helpful in addressing my questions were "Nationwide Condo Law" & "Uniform Condominium Act". I went to the law library @ Boney Courthouse (I think that's the name) here in Anchorage. Staff there were very helpful in assisting me to find the sources I needed after I had a list from the database. If you are considering being on the BOD, i highly recommend you review some of the laws pertaining to the powers the board does or does not have & what decisions they can make and which ones require approval by the homeowners (such as dues increases & special assessments to name a few.) Don't automatically assume that a management company your HOA contracts with knows the legal answers or will properly inform the board. Our board a few years back (prior to me being on) decided to raise our dues and institute a assessment of $1000. When I did some research at the time when final payment had to be made by myself & neighbors, come to find out that was not handled legal and proper under our bylaws or according to state law! The Management Company failed to inform any of the board, gave it the thumbs up, then decided it would be appropriate to forward some neighbors to an attorney for collection & foreclosure proceedings! Luckily none of the homeowners demanded their money back that was unlawfully assessed, and the management company did wisely tell the attorney to drop it, but our association did end up paying for the lawyers time thus far!!! So, I guess the phrase fore-warned is fore-armed applies. Best of Luck.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Tina,

Debra's message was posted over a year ago so I doubt she'll be reading your response.

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