Wasilla, AK asked in Contracts and Real Estate Law for Alaska

Q: How to file a court hearing against a HOA for being arbitrary and not enforcing all rules consistently and fairly to all

In short we have a newly formed HOA of 3 years in an area that had a lease that was never enforced and now those same rules are the HOA rules and are only heavily enforced on a very small few. Refuse to address it and discuss it. Allow different rules and exceptions for certain members. Enforce a fee on one business but not others. Such as a nightly rental has a fee of $3000 a year but another nightly rental has $50 a year with no explanation why. Have denied or ignored multiple attempts for a meeting when requested. Rude board members that show personal conflict in their actions and decisions. Will not give a clear answer to any rhyme or reason as to any of their decisions when asked for an understanding as to how or why the decision was made. Allow certain lot owners to be in violation with no enforcing. Do nothing about non payment of dues. Did a vote and 4 people voted no ( only 4 voted period) All others were considered a yes. There is so much more and I am scared

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1 Lawyer Answer
Robert King Reges Jr.
Robert King Reges Jr.
  • Anchorage, AK
  • Licensed in Alaska

A: Many homeowner associations are incorporated. Look to their Articles of Incorporation and Bylaws to determine available procedures for voicing complaints. If you follow the proper "administrative" procedures and obtain no substantive review or response then you have a procedural cause of action that could be asserted in court (or arbitration or mediation, if the Bylaws direct members to those forums). Some "HOA's" represent "Common Interest Communities (CIC)" (e.g. condominiums, cooperatives, certain neighborhoods). Every CIC has a "Declaration" that tells members how to air grievances or issues. Look through the papers you received when you purchased the property to determine what form your HOA has taken and that should lead you to the instructive Bylaws, Declaration or similar guidelines.

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