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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
In Alaska, most planned communities, condominiums, and cooperatives created on or after January 1, 1986 are generally governed by the Common Interest Ownership Act (AS 34.08), Alaska's version of the Uniform Common Interest Ownership Act. To amend the declaration or CC&Rs, the Act generally requires a vote or written agreement of owners holding at least 67% of the allocated interests, unless the recorded declaration sets a higher percentage (AS 34.08.250). Because the recorded declaration controls, your community's real threshold may be higher than that statutory floor.
Condominiums (HPRA & Common Interest Ownership Act)
Condominiums created before 1986 may still operate under the older Horizontal Property Regimes Act (AS 34.07), where the recorded master deed, declaration, and bylaws generally set the amendment threshold, which can be a high supermajority or unanimous owner consent. Newer condominiums generally fall under the Common Interest Ownership Act (AS 34.08) instead. Either way, an amendment generally takes effect only once it is properly recorded, so we ask which act and which recorded documents govern your building.
How the vote can run
Under the Common Interest Ownership Act, owners may generally vote in person or by proxy, and a proxy is generally void if it is undated or revocable without notice and terminates after one year (AS 34.08.410). A default quorum of 20% of the votes applies unless the declaration says otherwise, and meeting notice generally goes out 10 to 60 days ahead (AS 34.08.400, AS 34.08.390). Alaska's common-interest statutes do not expressly address electronic or mailed ballots, so whether online or written ballots are allowed generally depends on your bylaws and Alaska nonprofit corporation law, and we design the process to fit those documents.
Before we quote
Alaska details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Alaska vote has to answer.
Alaska splits its law by age: communities formed on or after Jan. 1, 1986 generally fall under the Common Interest Ownership Act (AS 34.08), while older condos may still sit under the Horizontal Property Regimes Act (AS 34.07).
The statutory default to amend a declaration under AS 34.08 is generally 67% of the allocated interests, but the recorded declaration can require a larger percentage (AS 34.08.250).
Extending the time limits for exercising declarant development rights, or creating additional development rights, generally requires approval of at least 80% of the association's votes, including 80% of the votes not allocated to the declarant (AS 34.08.250).
Some changes generally require unanimous owner consent, such as creating or increasing special declarant rights, increasing the number of units, or changing a unit's boundaries, allocated interests, or restricted uses (AS 34.08.250).
An amendment is generally effective only once recorded in each recording district where the community sits, and there is typically a one-year window to challenge a defective amendment (AS 34.08.250).
If the declaration requires lender or mortgagee consent, AS 34.08 sets a certified-mail notice procedure for obtaining it (AS 34.08.250).
If too few owners approve, the association or an owner may petition the superior court to lower the required percentage, though thresholds protecting mortgagees are generally preserved (AS 34.08.255).
Default voting is in person or by proxy (AS 34.08.410); electronic or mailed ballots are not expressly addressed by statute, so bylaws and Alaska nonprofit corporation law generally govern.
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