Section 1: Overview — How HOA foreclosure works in Alaska

Alaska follows the Uniform Common Interest Ownership Act. For communities created on or after January 1, 1986, the Alaska Common Interest Ownership Act — ACIOA — hands the association a statutory lien and the power to foreclose.¹ The lien statute is Alaska Stat. § 34.08.470, and it gives the association a lien on a unit for assessments and fines the moment they come due.¹

Section 34.08.470(b) goes a step further: it grants a limited six-month super-priority that jumps ahead of a first recorded security interest, measured by the common expense assessments that would have come due during the six months right before the association starts an enforcement action.¹ How the association forecloses depends on the kind of community. For condominiums and planned communities, the lien runs through the courts — a judicial foreclosure under Alaska Stat. § 34.35.005 — while a nonjudicial power of sale is available only for cooperatives whose owners hold real estate interests.¹

ACIOA sets no minimum dollar amount and no months-delinquent threshold before an association may begin.¹ Federal law sits on top of all of this, no matter the community type: the Fair Debt Collection Practices Act governs pre-foreclosure dunning, the Servicemembers Civil Relief Act limits foreclosure against protected servicemembers, and the bankruptcy automatic stay halts a foreclosure the moment an owner files.^2,3,4 The sections that follow walk through the lien and its priority, the foreclosure procedure, the federal overlays, the step-by-step path from lien to post-sale rights, and recent activity in the legislature and the courts.

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Related Alaska HOA Topics

• Reserve Studies
• Assessment Limits
• Collections & Liens
• Insurance Requirements
• Governing Statute

← All Alaska HOA Topics

1. Alaska Stat. § 34.08.470 (2025) ↩
2. Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p ↩
3. Servicemembers Civil Relief Act, 50 U.S.C. § 3953 ↩
4. 11 U.S.C. § 362 ↩
5. Alaska Stat. § 34.35.005 (2025) ↩
6. Guditz v. Lakeside North Condominium Home Owners Ass'n, Op. No. 7803, No. S-19267 (Alaska Feb. 27, 2026), Alaska Appellate Courts case record (foreclosure judgment for owner; fee-segregation burden on association; $72,800 award vacated) ↩
7. Alaska Stat. § 34.20.070 (2025) ↩
8. Obduskey v. McCarthy & Holthus LLP, 139 S. Ct. 1029 (2019) ↩
9. Goudelock v. Sixty-01 Ass'n of Apartment Owners, 895 F.3d 633 (9th Cir. 2018) (Chapter 13 discharge of post-petition assessment liability does not affect the association's perfected lien) ↩
10. Alaska Stat. § 34.08.040 (2024) ↩
11. Alaska Stat. § 09.35.250 (Redemption by judgment debtor or successor) ↩
12. Alaska Stat. §§ 34.20.090, 34.20.100 ↩
13. S.B. 143, 32d Leg. (Alaska 2022) (enacted as ch. 36, 2022 Alaska Sess. Laws) ↩
14. Cooper Leasing, LLC v. Woronzof Condominium Ass'n, Nos. S-18284/S-18293 (Alaska May 17, 2024) ↩
15. Alaska Court System, Appellate Courts ↩
16. Conn. Gen. Stat. § 47-258(b) ↩
17. Cal. Civ. Code § 5720; Colo. Rev. Stat. § 38-33.3-316(11) (HB 22-1137) ↩