– 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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As we approach spring and look forward to the annual spring walk-through and start planning maintenance, repair and replacement projects for the coming year, boards and managers should take a step back and ask themselves one simple but important question: Which maintenance obligations belong to the association and which are...
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 may well outweigh the benefits of their use. Knowing some...
The following information was reviewed and confirmed to be current as of December 2020. By now, most people involved in the operation of common interest communities in Minnesota have heard that the statutory requirements for replacement reserves have been amended and that the new amendments become effective starting with the...
Governing documents that are clear, concise and drafted in accordance with applicable statutes are much easier to enforce than those that are vague, poorly drafted and/or conflict with statutes or other governing documents. The following are some tips for enforcing your association’s governing documents. Enforcement Policy and Procedure. Every community...
According to the old adage, two things in life are inevitable: death and taxes. While there is little one can do to eliminate the pain and finality of the former, Hellmuth & Johnson, PLLC offers you a risk free way to take at least some of the sting out of...
In order to understand your community association and how it operates, you need to first understand and become familiar with its governing documents. Once you understand these documents and the various rights and responsibilities of the association and its members, you will be better able to enforce the governing documents...
Ok, so now that you have assembled your team of professionals that will assist your association in carrying out its various functions and responsibilities, how can you be sure that you are getting what you need from these various vendors? Here are a few tips to keep in mind when...
One of the more difficult issues courts have to deal with in a dissolution is how to differentiate marital property from non-marital property. Divorcing spouses often feel that they should be allowed to take out of the marriage everything they brought into the marriage. If the asset is clearly identifiable...
The Minnesota Court of Appeal’s decision in Safety Signs, LLC v. Niles-Wiese Const. Co., Inc., serves as a cautionary tale to any subcontractor or material supplier when a general contractor’s does not pay for work or materials contributed to a public project. The Public Contractors’ Performance and Payment Bond Act...
Understanding your insurance policies is vital to protecting your business. A recent Minnesota Supreme Court decision changes your rights and responsibilities in a typical commercial general liability (“CGL”) policy. If your business is sued, you should notify your insurer. It may provide an attorney to defend your company in the...