Black v. Whitestone Estates Condominium HOA, et al.Annotate this Case
For several years two condominium owners withheld a portion of their dues in protest. Then beginning in 2014, they sent the condominium association several payments, with instructions to apply them to recent debts and current dues. In this appeal, the owners argued they accrued no debts within the statute of limitations because their payment directives were binding. The Alaska Supreme Court agreed with the superior court’s conclusion that these payment directives were not effective because the governing declaration allowed the association to apply any payments to “the oldest balance due.” The Court affirmed the trial court in all other respects.