If you live in a condominium or townhome in Minnesota, you are likely part of a homeowners’ association. Homeowners’ associations help protect the investments of the members and community by establishing and enforcing rules and regulations. They also make sure that the shared areas are maintained and upgraded as needed.
Members pay a fee to ensure these tasks are carried out as promised.
On occasion, the association may need advice from an attorney with experience in condominium and townhome law. Here are four ways Smith Jadin Johnson, PLLC can help:
General Counsel Advice
General advice can be helpful for many issues facing a homeowners’ association. For example, associations may need assistance drafting governing documents for new developments, or help interpreting those documents in already-established communities. Governing documents include Declarations, Bylaws, and other documents that list all the rules and regulations of a particular association, including what costs the homeowners will pay and how they are collected, who is responsible for particular maintenance tasks, where the boundaries are for each unit, and other similar information.
Enforcement Intervention
A homeowners’ association may also need legal counsel to help enforce rules within the governing documents. For example, a homeowner may not be abiding by the rule to keep glass containers away from the common areas, or maybe someone has a dog even though they are not allowed under the rules. An attorney can help you enforce the guidelines set forth in the governing documents and ensure consistent application of the rules.
Revision of Governing Documents
As a homeowners’ association grows and changes, its needs may change as well. Growth sometimes means you will be adding new things to the common area, such as playground equipment, pools, grills, or picnic tables. With those updates, there may need to be changes to fees and costs paid by homeowners. An attorney can help when these updates require a change to the governing documents in order to make sure that they are legal and binding. A lawyer can also help clarify the governing documents in order to ensure the language is clear and understandable for the homeowners, which helps safeguard against loopholes and difficulty in enforcement later on.
Litigation
As much as no one wants to deal with litigation issues, it may be necessary under certain situations. If something warrants litigation for a claim for suit, having a Minnesota attorney you trust is particularly important. Litigation can arise in many situations, from construction defect and structural damages to warranty and insurance issues. These types of occurrences need the expertise of a lawyer who can examine the situation and pursue a course of action to resolve the matter.
It is clear that homeowners’ associations benefit in many ways from working with attorneys who are experienced in condominium and townhome association law in Minnesota. Connecting with a lawyer before issues arise will help establish a relationship and will ensure that someone familiar with your association is readily available if and when anything comes up in the future. At Smith Jadin Johnson, PLLC, we have a team of lawyers ready to meet with you for a free 30-minute consultation. Contact us today for more information!
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