Understanding the Corporate Transparency Act: What Community Associations Need to Know
As of January 1, 2024, the newly enacted federal Corporate Transparency Act (CTA) is in effect. This legislation has significant implications for various business entities across the United States, including ...
RECENT ARTICLES
When Should I Submit a Hail Damage Claim?
Many homeowners debate whether or not to submit hail damage claims to their insurance companies. That could be a big ...
Notable Laws Passed in 2023 Affecting Minnesota Community Associations
There have been some recent developments in Minnesota law that are likely to affect Minnesota’s homeowners’ associations and property management ...
Let’s Talk Money: A Creditor’s Guide to Effective and Lawful Communciations
Talking about money is complicated. Individual values, expectations and social norms often drive conversations about money. Talking about owing money ...
The Minnesota Electronic Wills Act
On March 30, 2023, Governor Tim Walz signed the Minnesota Electronic Wills Act, which, as the name sounds and as ...
State of Minnesota Soon to Ban Noncompete Agreements
On May 17, 2023, the Minnesota Legislature passed an Omnibus Labor Bill. If Governor Walz signs the bill, as expected, ...
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' ...
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.
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…
Proposed Colorado Senate Bill 211 and its Impact on Homeowners Associations
The Colorado legislature is back to work following the COVID-19 shutdown and proposing legislation to cease “extraordinary collection actions” through November 1, 2020. Senators Winter and Gonzales along with representative Herod introduced Senate Bill 211 just 15 days ago on June 1, 2020 and the Bill has already been referred to the Committee as a whole. This proposed legislation appears…
Turning the Dial: Updated Recommendations and Requirements for HOAs during COVID-19
It’s that time of year when common interest communities across Minnesota are starting to open pools and other outdoor amenities. On Friday, June 5, Governor Tim Walz announced Phase III of the Stay Safe MN plan, including a gradual turn of the dial to allow cautious and safe re-opening of certain venues and facilities. Under Phase III of the Stay…
MCIOA Amendment Brings Ease to Common Interest Communities
On Saturday May 16, 2020, Governor Walz signed into law a much-needed update to the Minnesota Common Interest Ownership Act (“MCIOA”) making governing document updates and amendments easier. Importantly, these updates apply to all common-interest-communities in Minnesota, even those that are otherwise are not subject to MCIOA.
COVID-19 and the Need for Electronic Meetings
COVID-19 and the related stay-at-home orders have brought to light challenges to common interest community associations. One issue that has come up often is how HOAs should conduct board meetings and member meetings in a way that protects the safety and welfare of its members while also ensuring that the association can continue to operate. Board Meetings Minnesota non-profit corporations,…