COLORADO: Legislative Changes to CCIOA Regarding Collection Policies
There are several important legislative updates that will impact how homeowners' associations (HOAs) manage delinquent accounts. Governor Polis has recently signed House Bill 24-1233, which introduces several modifications to the ...
RECENT ARTICLES
Colorado: Covid-19 Safety Measures in Common Areas for Common Interest Communities
Community associations, like all other entities in the United States, have had to learn to navigate a new landscape of COVID-19 restrictions in the past year. Associations have had to adapt to the ever-changing situation on the fly, filling in the gaps left by government guidelines and legal requirements in order to fulfill their obligation to, among others, safely maintain…
Preparing Minneapolis: Does Your Property Have Riot Coverage?
Many insurance policies contain exclusions for damages associated with “civil unrest,” “riot or civil commotion,” “vandalism or malicious mischief,” or other terms meant to exclude the type of damages many Minneapolis property owners experienced as a result of rioting shortly after the death of George Floyd. With, the trial of former Minneapolis Police Office Derek Chauvin’s underway, many local business…
Another SJJ Victory at the Minnesota Court of Appeals
Glaros Hanson v. Midwest Inv. Servs., LLC, 2020 WL 5647239 (Minn. Ct. App. 2021) Smith Jadin Johnson attorneys Charles Austinson and Tim Johnson recently won a case at the Court of Appeals disqualifying an attorney from representing a company against one of its clients. The case involved a limited liability company in which the plaintiff and defendant were equal owners.…
Court Orders Insurance Company to Identify Why it Denied a Claim
Discovery disputes in litigation are usually the result of unresolved misunderstandings between the parties over the nature of the issues in dispute. Most often, discovery disputes are and should be resolved without court intervention. Occasionally, there are bonafide discovery disputes that must be presented to the court for resolution. SJJ recently won a Motion to Compel Discovery ordering an insurer…
Additional Minnesota Statutes Concerning Homeowners Associations
Many Boards and property managers are familiar with the Minnesota Common Interest Ownership Act, Minn. Stat. § 515B (“MCIOA”). MCIOA is the main statute that governs and regulates most, but not all, common-interest-communities (“CICs”) in Minnesota. While MCIOA is important, there are a handful of other statutes which Boards and managers will likely run across. The Fair Housing Act (“FHA”)…
Why MCIOA? The Advantages of Opting into the Minnesota Common Interest Ownership Act
The Minnesota Common Interest Ownership Act, Minn. Stat. § 515B et seq. (“MCIOA”, pronounced “em-kai-wah”) was passed by the Minnesota legislature in 1994 in order to provide a more uniform administration of common interest communities. Subject to a few exceptions, MCIOA applies to all condominium communities in Minnesota, as well as all townhome communities formed on or after June 1,…
Appraisal Demand
Most jurisdictions provide that a disputed insurance loss can be resolved through the appraisal process. That process typically begins when either the insurance company or policyholder sends a written demand to the other invoking appraisal and naming their own appraiser. Once the written demand is sent, the other party usually has 15-20 days to respond and name their appraiser. The…
Property Insurance Claims Lawyer
Working Through the Property Insurance Claim Process in Minnesota When fire damages your home or business, you must think fast and act quickly. You must get your family or employees to safety and summon the fire department to extinguish the flames. Next, you must call an emergency repair contractor, take steps to protect your property, and contact your insurance company.…
SJJ Expands Policyholders’ Rights Again at the Minnesota Court of Appeals
SJJ attorneys Tim Johnson and Alex Jadin won another important case for Minnesota policyholders today at the Court of Appeals in K & R Landholdings v. Auto-Owners Insurance. Just last year, SJJ won Poehler v. Cincinnati at the Minnesota Supreme Court which held that Minnesota policyholders are entitled to interest on an insurance appraisal award when an insurance company undervalues…
Tips to File a Property Insurance Claim
Though we all like to believe that our homes are going to last forever, the truth is that losses like hail, wind, fire, and theft do happen in our area. Homeowners insurance protects people from having to pay directly for costly repairs when a loss occurs. This is why all homeowners should have an insurance policy. Unfortunately, in times of…
What Not To Do When Filing a Property Insurance Claim
Though you may not realize it, filing an insurance claim is a legal process. Do it correctly and you are more likely to get the funds needed to make necessary repairs to your property. If you don’t, however, you could end up having to pay for repairs out of pocket. Here’s a list of common mistakes to avoid: Don’t clean…
Collecting Interest on an Appraisal Award
In 2017, SJJ won an important case before the Minnesota Supreme Court that allows property owners to collect pre-award interest on insurance appraisal awards in Poehler v. Cincinnati. While the Court found that interest was due on appraisal awards, it did not answer another important question: how much interest is due? Pre-award interest on appraisal awards comes from a Minnesota…