Alaska Annual General Meeting Requirements for Condos, Co-Ops, and HOAs

The Alaska Horizontal Property Regimes Act applies to property that submits to the Act by recording a declaration in the district in which the property is located. 

The Act does not explicitly discuss annual meetings, voting, proxies, or quorums. However, the bylaws should address these issues in detail.

Co-ops may be organized and governed by the Alaska Cooperative Corporation Act. According to the Act, Section 10.06.420 of the Business Corporations statutes govern voting in a cooperative under this Chapter. According to the section:

• Shareholders may vote in person, by proxy, by remote communication, or by an authorized attorney in fact
• Meetings of members should be held annually
• The board should give notice of meetings at least seven days, but not more than 30 days before the meeting date
• Mailed ballots may be used per the bylaws and statutes
• Delegates may vote for shareholders if the bylaws create districts and the election of delegates
• Ten percent of the voting members constitute a quorum for an annual meeting unless the bylaws provide for a greater number

The co-ops may be subject to other provisions of the Business Corporations code as applicable.

Most common interest properties created after January 1, 1986, are subject to the Alaska Uniform Common Interest Ownership Act. Applicable provisions of the Act that apply to annual meetings include, but are not limited to:

• Meetings of the association are to be held once per year
• Notice of the annual meetings should be given to members at least ten days before, but not more than 60 days before the meeting date
• A quorum equals 20 percent of the persons entitled to cast votes in the election of the executive board unless otherwise provided by the bylaws
• Members may cast their votes by proxy

If a board is unsure whether this Act applies to their association, the articles or bylaws should provide under which law the association was formed.

Many homeowners associations are organized as nonprofit corporations. If so, the provisions of the Nonprofit Corporation Act could apply. Applicable provisions of the Act that apply to annual meetings include, but are not limited to:

• Meetings of members should be held annually
• Notice of the annual meeting shall be given at least ten days before, but not more than 50 days before the meeting date
• Members may vote in person or by proxy if the bylaws or articles do not prevent proxy voting
• Unless otherwise provided by the bylaws or articles, one-tenth of members holding the right to vote constitutes the minimum number for a quorum

Actions required under this chapter to be taken at a meeting of members may be taken without a meeting, upon consent in writing signed by all members entitled to vote on the matter.