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 typically 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 basic 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 Anchorage County, Alaska
There are several laws in Anchorage County, Alaska that might be applicable to common interest communities. But most of these laws are not unique to common-interest communities. Rather, they usually concern zoning, land use, and contract law, which are applicable to most other types of real estate, as well.
Usually, the rules established by the owner of the property, or the entity tasked with managing it, are going to have much more of a day-to-day effect on your life than any state laws governing these types of communities.
The land on which these communities sit is private property, so the owners have substantial leeway when it comes to setting rules regarding what tenants can and can't do on the property. These rules usually govern things like noise levels, cleanliness, long-term guests, and pets. They are often designed with the goal of balancing residents' rights to a clean and quiet neighborhood, with their individual autonomy.
The authority of landowners is limited, however, and there are some rules that cannot be given legal effect. For instance, in Anchorage County, 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 Anchorage County, Alaska Attorney Help?
If you are in a dispute with your homeowners' association, a neighbor, or your landlord in Anchorage County, Alaska, a knowledgeable real estate lawyer may prove extremely helpful, if the dispute cannot be otherwise resolved.