Minnesota Supreme Court: Restrictive Covenants In Community Associations
The Minnesota Supreme Court recently issued a decision in Windcliff Association, Inc. v. Breyfogle that has important implications for homeowners' associations (HOAs). The case involved a dispute over the interpretation ...
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Thinking Beyond Foreclosure: Practical Alternatives for Community Associations
The power of sale to foreclose is an incredible tool of recovery available to creditors. However, community associations have practical ...
Check Your Title: Avoiding Probate Through the Proper Use of Deeds
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SJJ Victory at the Minnesota Court of Appeals: Round Two
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U.S. Court of Appeals Rules that Minnesota Appraisal Panels Must Determine the Cause of Loss
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SJJ’s Tim Johnson and Marcus Zelzer Win Again for Policyholders in Iowa
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Why Matching Coverage Matters in Minnesota
The purpose of a property insurance policy is usually to restore the property to its “pre-loss” condition. In the event ...
SJJ Forces a Colorado Insurance Company to Participate in Appraisal
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SJJ Attorneys Anthony Remick and Tim Johnson Secure Minnesota Policyholders Right to Appraisal
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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…
Construction Defect Litigation: Construction Delays
When a declarant, developer, general contractor, or subcontractor works on a property, they are required to do their work correctly. This means following building codes and product manufacturer’s instructions, and using the skill and care one would expect a reasonably prudent builder to use. Errors and resulting damages arising from improper work must be properly repaired. If a builder refuses…
Do You Have Water Intrusions or Mold in Your Newly-Built Home?
You finally accomplished your goal and dream of having your own custom-built home. You worked hard so that you would be financially comfortable taking on a new builder’s mortgage loan. You scouted out properties for the house and even helped design the layout using a software program. Selecting the cabinetry, roofing, carpeting, and paint was exhilarating. Then came move-in day…
PROTECTING YOUR RIGHTS THROUGH MINNESOTA CONSTRUCTION LITIGATION LAWYERS
When you consider your rights as a property owner, they are always at risk. You could try to purchase a new construction home or building or renovate an existing structure from any builder, well-known or obscure, and get less-than-professional results. In this post, we discuss the nature of construction defects and suggest why you might need Minnesota construction litigation lawyers:…
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…
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,…
Dial Back, Minnesota: Effects on Homeowners Associations
On Wednesday, November 18, 2020, Minnesota Governor Tim Walz announced that he was dialing back Minnesota’s Stay Safe Plan for the COVID-19 pandemic. The updated plan is a reaction to a continued rise in all relevant metrics, including number of cases, rate of positive tests, and use of hospital capacity.
Minnesota: HOA Signage Rules During Election Season
As election day rapidly approaches, it is important for homeowner and community associations (HOAs) throughout Minnesota to fully understand their rights and obligations relating to campaigning and campaign materials. While limitations on exterior signs, flags, and other decoration is extremely common at homeowners associations generally, there are laws relating to campaign season that Boards and property managers should be aware…
The Difference Between Directors & Officers in your HOA
It is a common misunderstanding that at a homeowner association, Directors are the same as Officers. While often these rolls are filled by the same people, this is not always the case and the differences and distinctions can be important. The Association’s Board of Directors (the “Board”) is tasked with managing the day-to-day operation of an association. The Board is…
Buy/Sell Agreement – A Necessity for Every Privately Held Business with Multiple Owners
A properly drafted buy/sell agreement for privately held businesses with multiple owners avoids the risk of costly litigation that can occur when a co-owner departs from the business. The following scenario is an example of the financial risk in not having a buy/sell agreement in place: A business owner (“Buyer”) needs representation in the buyout of her business partner (“Seller”).…
Eleven Tips to Avoid Litigation
If you are a business owner, you need to make sure that all of your customers, employees, and business contacts are happy. For better or worse, more and more people turn to lawyers when things don’t go the way that they expect. Litigation can be quite costly, both in terms of money and time, so you should do everything that…