– Legal Insights –
This article is the second in a series about changes in the MCIOA. In this series of articles, we are analyzing the different provisions of SF 1750, which made numerous changes to the Minnesota Common Interest Ownership Act (“MCIOA”). With the exception of a few changes in definitions, which were...
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From time to time, I hear members of an association referred to as “tenants,” and hear of members’ requests to an association to fix an appliance or clean a carpet in their homes. Often, such statements are made by owners new to an association—often those coming from apartment-style living. Those...
I was recently reminded just how important it is to protect hard earned assets when my 87 year old client, whom we’ll call Carol, was in a car accident with another vehicle. She was badly injured as was the other driver and his passenger. Fortunately, everyone survived. However, the other...
Businesses in the construction industry have historically relied heavily upon independent contractors to perform work. While it is sometimes clear that a party is a true subcontractor, such has hiring ABC Plumbing, Inc. or 123 Electric, LLC, it is equally as common to misclassify laborers who are legally employees as...
The financial abuse and exploitation of people over 60 is becoming an epidemic. According to the Federal Trade Commission, fraud complaints by seniors grew by over 150% from 2008 to 2012. The Investor Protection Trust reports that 20% of those over 65 have been financially abused and Met Life reports...
In the recently enacted “Tax Increase Prevention Act of 2014,” Congress has once again extended a package of expired or expiring individual, business, and energy provisions known as “extenders.” The extenders are a varied assortment of more than 50 individual and business tax deductions, tax credits, and other tax-saving laws...
With winter fast approaching, many homeowners’ associations will be facing physical issues with their properties that will require action in one way or another. In the fall, issues can often result from seasonal rains causing roof leaks, siding leaks, or various other water leaks. In addition, as the weather turns...
If drafted and used properly, a confession of judgment (“COJ”) is a unique and powerful way to ensure that a debtor performs under a forbearance or settlement agreement. If drafted and used improperly, then a creditor could become embroiled in needless litigation. Furthermore, a properly drafted COJ increases the value...
Most websites contain Terms of Use intended to limit permissible behavior by the website’s users and to manage legal risks from any user interaction with the website, including liability for data breaches. This is typically accomplished through restrictions on use, warranty disclaimers, user indemnity obligations for intellectual property infringement, limitations...
Risk is like the flu—no one wants it. Part of any contract negotiation involves attempting to reduce risk and liability. This particularly applies to the flooring industry, where the product has been passed between multiple entities that want to shed their liability when they hand the product to a company...
It seems everywhere you look these days another major company falls victim to a massive data breach. We all know about the Target breach, but other notables include The Home Depot, Apple, Sony, the US Postal Service, and Citibank and JP Morgan Chase, two of the largest financial institutions in...