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6 Tips on How to Run an HOA Annual Meeting Effectively (MN)

Time for an annual meeting? All homeowner associations (HOA’s) are required to have an annual meeting each year. In addition to any other specific requirements which may be within an association’s declaration, the Minnesota Common Interest Ownership Act (the “Act”)

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Insurance Carriers Exclude Color Matching Requirements from Policies

The summer of 2017 saw a number of severe storms in the Midwest, with resulting insurance claims. As policyholders have made those claims, some have been surprised to see new provisions in their insurance contracts.  Things are not always black

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Insurance Carriers Exclude Color Matching Requirements from Policies

The summer of 2017 saw a number of severe storms in the Midwest, with resulting insurance claims. As policyholders have made those claims, some have been surprised to see new provisions in their insurance contracts.  Things are not always black

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MCIOA Amendments Change Construction Defect Claims Process (MN)

You have likely heard about the Minnesota Common Interest Ownership Act (MCIOA) amendments for some time — legislation, H.F. 1538, which was recently signed into law by Governor Dayton. These changes add language to the MCIOA concerning construction defect claims.

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How Condo Law Change Will Impact New Development (MN)

Newsflash Minnesotans: our state laws governing condominiums and townhomes changed at the conclusion of the 2017 legislative session. For a business litigator who emphasizes a significant portion of her practice representing real estate developers in complex business disputes, I’ve been

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HOA Super Lien — What is it and Why Should I Care?

In an HOA, owners who fail to pay assessments and other charges owed to the condo or homeowner’s association, will likely have a lien placed on the home by the association. A lien is a legal tool used to protect

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Minnesota Legislature Revises Minnesota Common Interest Ownership Act

In recent years, very few condominium projects have been developed in Minnesota despite strong demand from potential condominium homeowners. Many developers attribute their reluctance to build condominiums to litigation risk and difficulty obtaining insurance and financing for condominium developments at

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Guest column: Common interest communities in Minnesota

Today’s article addresses issues relating to Common Interest Communities (CICs) in Minnesota from the standpoint of a prospective buyer.  It’s the first in a series of articles on CICs, homeowners’ associations, and other aspects of planned developments. Our law firm

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Minnesota amends its construction defect laws

Earlier this month we told you that (click here to see the story) about an effort to amend Minnesota’s construction-defect laws, which are among the most stringent in the nation, with a raft of amendments aimed at making it more

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Regulating Fun: Can an Association prevent children from playing outdoors?

In July of 2011, the Greenbrier Village Homeowner’s Association of Minnetonka adopted rules and regulations which banned playing, picnicking, and sunbathing on lawns, sidewalks, landscaped areas, and parking areas. The rules also prohibited riding bikes, scooters, rollerblades, skateboards, and more

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What You Need to Know When Buying a Condominium or Townhome in a Common Interest Community (CIC)

1. Which statute governs the association? A CIC (Common Interest Community) refers to any condominium, townhouse or cooperative developed in Minnesota after June, 1994. Stat. 515B (The Minnesota Common Interest Ownership Act or MCIOA) applies to all CICs formed after

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The Role of the Treasurer in a Homeowners Association

It is that time of year again – association budgets are going to be on almost everyone’s radar soon, and they are one of the core elements of any association. For a budget to be effective and the budget process

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The Fair Housing Act Meets Senior Living: Condo Exemptions and the 55+ Population

Imagine this: A client calls you. She is semi-retired or thinking about retiring. She is considering buying into an “adult living” community. Your client wants to downsize for her retirement years and is very interested in a certain condominium. She

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Protecting Your Homeowner Association in Contracted Work

I cannot tell you how many times this has happened: The phone rings…it is a board member at a homeowner association frantically telling me a story that starts out…we were referred to a company that (pick one): my brother in

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Duties of Homeowner Association Board of Directors

Ok, you have volunteered to serve on the board of your non-profit association. You attend your first board meeting. You start to vote on various issues. What guides you in making your decisions? Under the Minnesota Common Interest Ownership Act

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Duties of Homeowner Association Board of Directors (MN)

Ok, you have volunteered to serve on the board of your non-profit association. You attend your first board meeting. You start to vote on various issues. What guides you in making your decisions? Under the Minnesota Common Interest Ownership Act

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Legal Matters: Potential defense to construction defect claims

Anyone in the construction industry would likely acknowledge that litigation – and particularly construction defect litigation – is a part of doing business. But it is an expensive and time-consuming part of the business.  The costs and likelihood of litigation

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The Minnesota Common Interest Ownership Act Is Construed Broadly (Again)

The MCIOA codifies a homeowners’ association’s rights in a common interest community (i.e., communities of townhomes and condominiums) to bring causes of action against various parties for engineering and construction defects.

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Is Conciliation Court An Option For Your HOA Board?

For any claim up to $10,000, board members and/or property managers can represent associations in conciliation court.

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Regulating Fun: Can an Association Prevent Children From Playing Outdoors?

In July of 2011, the Greenbrier Village Homeowner’s Association of Minnetonka adopted rules and regulations which banned playing, picnicking, and sunbathing

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CAI Best Practices: Ethics

Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing”

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CAI’s Guide to FHA Certification

The U.S. Department of Housing and Urban Development (HUD) Federal Housing Administration (FHA) plays a major in role in housing finance through its Condominium Mortgage Insurance Program. FHA issued regulatory guidance to set standards condominium associations must meet for a

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Is Conciliation Court An Option For Your HOA Board?

Many homeowners are delinquent on their assessment accounts. Should you sue them and risk spending additional money or perhaps ignore your obligation to attempt to collect the assessments? Will you hire legal counsel and incur more fees? For any claim

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Regulating Fun: Can an Association Prevent Children From Playing Outdoors? (MN)

In July of 2011, the Greenbrier Village Homeowner’s Association of Minnetonka adopted rules and regulations which banned playing, picnicking, and sunbathing on lawns, sidewalks, landscaped areas, and parking areas. The rules also prohibited riding bikes, scooters, rollerblades, skateboards, and more

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From Good to Great: Principles for Community Association Success

Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core  principles. Good associations  preserve the character of  their communities, protect  property values and meet  the established expectations of homeowners. Great  associations also

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Condo, Townhome and HOA Association Liens in Minnesota

In Minnesota, if you have unpaid condominium or townhome association assessments—which are often called “HOAs”—these unpaid amounts operate automatically as a lien on the property under Minnesota Statute § 515B.3-116(a), which is part of the Minnesota Common Interest Ownership Act.

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Running your association like a successful business

Whether you are a brand new board member serving for the first time or a seasoned veteran or property manager, you need to understand one very simple but vital concept about your community association – it is a business and

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Community associations – using tools of technology: a cautionary tale

It comes as no surprise that some tools of technology and communication have made our lives easier in many respects. However, the use of blogs, e-bulletin boards, group e-mail accounts, etc., by homeowners associations can also pose certain risks that

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HUD charges MN condo assn & mgmt with discrimination against families with child

The U.S. Department of Housing and Urban Development (HUD) announced today that it is charging the homeowner association and property managers for an Edina, MN, condominium building with housing discrimination. HUD claims that they refused to allow children under the

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Cat in condo? OK. Companion dog? No way

The age-old question of which is better, cats or dogs, has landed in federal court in Minneapolis. The unusual issue has provoked a big legal fight between a disabled Minneapolis woman and the board overseeing a condominium where she’s been

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HUD charges MN management co. with discriminating against families with children

The U.S. Department of Housing and Urban Development (HUD) announced today that it is charging a Minnetonka, MN, condominium association and its management company, Gassen Company, Inc., with violating the Fair Housing Act by discriminating against families with children under

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Introduction to Community Association Living

Community Volunteer Leadership Development Program Community volunteer leaders and members can maximize the benefits of community association living by better understanding the history, purpose, and function of community associations. One way to do so is by participating in the Center

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Governance Guidelines

There are basic expectations that apply to virtually any common-interest community. With this in mind, the Center for Community Association Volunteers developed the Community Association Governance Guidelines – 12 principles that can help association board members increase harmony, reduce conflict

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Rights & Responsibilities for Better Communities

More than a destination at the end of the day, a community is a place people want to call home and where they feel at home. This goal is best achieved when homeowners, non-owner residents and association leaders recognize and

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Community Association Fundamentals

Each common-interest community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. CAI developed the Community Association Fundamentals to foster a better conceptual understanding of how associations function and the roles of

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Model Code of Ethics for Community Association Board Members

This model code of ethics is not meant to address every potential ethical dilemma encountered by a community association board member, but is offered as a basic framework that can be modified and adopted by any common-interest community.    Read

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So Now You’re On the Board

The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant

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