– Legal Insights –
If you are expecting an inheritance, an estate planning tool known as a trust may prove useful, depending on your circumstances. Among the numerous types of trusts aimed at fulfilling different estate planning purposes, an inheritor’s trust is specially designed to help protect an inheritance. Purpose of an Inheritor’s Trust...
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In today’s construction economy, unpaid subcontractors and suppliers with mechanic’s lien claims often receive notice that the first mortgage holder is foreclosing on the property. The natural question and assumption by the mechanic’s lien holders is “the mortgage company still needs to pay me, right?” Unfortunately, the answer to this...
The Federal Fair Housing Act (FHA) and the Minnesota Human Rights Act (MHRA) prohibit discrimination against some protected classes, such as disabled individuals. Normally, a residential housing provider is required to make reasonable accommodations in its policies, procedures and practices to afford a disabled individual with an equal opportunity to...
Associations often under-utilize Rules and Regulations. Rules and Regulations are specific guidelines and policies relating to the day to day operation of an Association. Unlike other Association governing documents, Rules are generally easy to adopt and modify because they are typically adopted and amended by the board of directors without...
In a previous article, we discussed use of electronic communications to conduct business of associations governed by Minnesota Statutes Chapter 515B, the Minnesota Common Interest Ownership Act (MCIOA). (See our Spring 2008 newsletter.) As that article indicated, boards acting on behalf of associations governed by MCIOA are required to have...
Over the last decade, the use of e-mail communications has increased dramatically. Today, association board members frequently use e-mail to communicate with each other, the association’s manager, attorney and vendors. Sometimes, board members’ discussion on a topic essentially takes place via an exchange of e-mails, and, when a topic comes...
Two recent cases decided by the Minnesota Court of Appeals have clarified Minnesota law regarding mechanic’s lien pre-lien notices. Both decisions bode well for contractors in enforcing their future mechanic’s lien rights. Printed or Typewritten? The first case involved the technical requirements for the visual appearance of a pre-lien notice....
In a previous article, we discussed Performance Bonds, which ensure that public construction projects are completed according to contractual terms. This article will offer a general overview of the related concept of payment bonds which, just as they sound, are bonds to ensure payment for work performed. The Minnesota Public...
Board members enjoy a significant privilege: that of being in the “inner circle,” privy to the decision-making process and the long-term plans for the association. Yet, each member also has significant responsibilities – including a duty to be prepared, to act prudently, and to act in the best interest of...
You see more and more planned communities in Minnesota everyday. Townhouse, condominium and other forms of planned communities are becoming increasingly prevalent in Minnesota real estate development. With the increased popularity of planned communities, Minnesota community associations law has developed in leaps and bounds over the last several years. Minnesota...
We receive many inquiries from real estate agents, sellers and buyers when a seller or buyer refuses to close on the real estate transaction, and the other party is left to deal with the consequences. Since real estate agents spend considerable time and money to sell properties for their sellers...