Condominium and Cooperative Law in Alaska

Condominiums and cooperatives are types of "common interest" communities.

They are communities where each individual or family resident rents or owns an unit which is part of a larger building, containing other, similar, residential units. The residents are responsible responsible for the maintenance of the common areas of their living areas, such as gardens, walkways, lawns, and swimming pools. They usually meet this responsibility by paying a monthly fee to support this maintenance.

Simply looking at the outside (or inside, for that matter) of a condo or cooperative community, you likely can't tell which it is.

The main difference is that, in condominium communities, the units are purchased and owned by their residents, and they also collectively own the common areas of the development. In a cooperative community, the land and buildings in which the housing units are owned by a single corporation or association. The individual units are rented by the residents, not purchased.

Laws and Regulations Concerning Common Interest Communities in Ketchikan, Alaska

Many Ketchikan, Alaska laws affect common-interest communities. However, almost all of these laws govern real estate more generally, and there are very few laws written specifically for common interest communities. Such generally-applicable laws include zoning regulations, contracts, and the relations between landlords and tenants.

Your daily life in a cooperative or condominium community is more likely to be affected by the rules set by the owners or managers of the property, rather than the laws of your state or city.

The manager or owner of the land on which your residence is located will probably have a lot of rules concerning what can and cannot be done in and near the houses. These rules usually mandate cleanliness, keeping noise to a minimum, and regulate the presence of pets.

The authority of landowners is limited, however, and there are some rules that cannot be given legal effect. For instance, in Ketchikan, Alaska, any rule which would exclude residents based on their race is completely unenforceable. Such discrimination is clearly prohibited under federal law, private property rights notwithstanding.

Can a Ketchikan, Alaska Attorney Help?

If you have a problem with your landlord, your community association, or a neighbor (which the landlord is unwilling or unable to address), an experienced real estate attorney in Ketchikan, Alaska will be able to help.