SJJ Attorney Aaron Brooksby Advocates for Homeowners Associations at Minnesota House Committee Hearing
On March 4, 2025, SJJ Attorney Aaron Brooksby appeared before the Minnesota House Housing Finance and Policy Committee to provide critical insights on House File 1268, a bill proposing significant ...
RECENT ARTICLES
District Court of Colorado Revisits Legal Process for Challenging Appraisal Awards
Recently, the district court of Colorado revisited the legal process for challenging an appraisal award. Specifically, the Anita Court clarified ...
Minnesota: Corporate Compliance – Simple Steps to Protecting Assets
Minnesota law requires all businesses to maintain proper corporate formalities. Every business owner knows that one must set up some ...
Concurrent Causation: What to Do When an Insurance Company Denies Your Claim
Last month, the National Hurricane Center issued its first-ever tropical storm watch for Southern California. A watch turned into a ...
Directors and Officers: Helpful Reminders for When Removal Becomes Necessary
While the roles of Directors and Officers are often filled by the same people, there is a technical distinction between ...
Wage and Benefit Liability for Minnesota Construction Contractors
A recent addition to Minnesota wage protection laws impacts construction contractors and their relationship with subcontractors. Contractors are now responsible ...
Department of Labor Announces Potential Change to Overtime Eligibility
On August 30, 2023 the U.S. Department of Labor announced a proposed regulatory change that would significantly impact which employees ...
SJJ Attorneys Anthony Remick and Tim Johnson Secure Minnesota Policyholders Right to Appraisal
An insurance company’s refusal to appraise a disputed loss “was done in bad faith” according to a Minnesota Judge. In ...
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…
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…
Is There a Hidden Deadline in Your Homeowners Policy?
In prior posts, we have commented on the standard two-year time limit for suit found in many Minnesota homeowners policies that effectively serves to shorten the time in which you may make a claim for insurance proceeds. The two-year time limit for suit is generally enforceable and acts as a contractual statute of limitation. But, there are other deadlines tucked…
SJJ Secures Another Victory for Policyholders
SJJ attorneys already established a policyholder’s ability to recover interest on an underpaid insurance claim when the policyholder is forced to resolve it through the appraisal process in 2017 before the Minnesota Supreme Court. Since then, some insurance companies have tried to alter their policies in an attempt to prevent policyholders from receiving interest on these underpaid claims.
Minnesota Appraisals
Smith Jadin Johnson, PLLC recently won a decision in the Federal District of Minnesota compelling a reluctant insurer to participate in an appraisal of a disputed insurance claim. After the insured demanded an appraisal, the insurer commenced litigation seeking to avoid coverage for the claimed loss and refused to participate in appraisal.
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…
Managing Difficult Interactions at Homeowners Associations by Karly Kauf
2020 has been an extremely difficult year for nearly everyone across the world. Working together and supporting each other can go a long way towards creating a thriving community. HOA Boards of Directors can have a genuine impact on the community members and can set the tone at the association in order to create a peaceful, cooperative living environment. In…