Minnesota General Contractors: Legislative Changes for 2024
The 2024 legislative session included many changes that will impact residential contractors. Worker Classification Beginning on July 1, 2024, the Minnesota Department of Labor may issue stop work orders and ...
RECENT ARTICLES
D&O Insurance Coverage in Your Community Association
These days, inflation is noticeable in everything we do, and community associations are not immune to the pressures that higher ...
Holding Insurance Companies Accountable: SJJ Fights for Policyholder Rights After Unreasonable Delays
Smith Jadin Johnson attorneys Alex Jadin and Ross Hussey recently won a motion to amend a complaint, adding a cause ...
HO-6 Insurance: An Update for Owners and Associations
Having the right insurance coverage can give homeowners peace of mind in otherwise stressful circumstances. When it comes to Homeowner ...
Minnesota Tax Elections: LLCs & S-Corp
At Smith Jadin Johnson, a discussion point that often arises when meeting with new business clients is whether to make ...
MCIOA: Member Records and Requests for Community Associations
One of the primary functions of a community association is to operate and maintain the property. In doing so, the ...
Regulating Noise and Nuisance in Community Associations
Living in a community association, by its nature, involves existing alongside other people, which in turn means sometimes enduring annoyances ...
Big Changes to the Colorado Appraisal Process
One of the most cost-effective tools for resolving disputed claims with insurance companies is the insurance “appraisal” process. Appraisal is an alternative dispute resolution mechanism in most Colorado insurance policies. It is designed to resolve claims outside of court, and consists of an appraisal panel reviewing and resolving a disputed claim amount. The appraisal panel is made up of one…
Hail damage losses have increased since 2008
Adjusted for inflation, losses caused by hail damage totaled $19 billion in 2008. In a typical year previously, losses caused by hail damage would have been $8 billion to $12 billion. The trend of increased damage continued for the next decade, but no one is sure what is to blame. However, one possible explanation is that people are moving farther…
Why are hail damage claims getting more expensive?
If you live in an area where severe thunderstorms and hail are common, you likely have experienced or feared hail damage to your property at some point. Even if you have an insurance claim, it’s natural to be wary of these things because of the potential they have to disrupt your life and the cost involved. But just how expensive…
Hail: When a Storm Comes, Know When Damage Could Happen
When you live in an area where storms are common, you know that there is a risk of hail. Hail can be very damaging, going as far as to damage your roof, rip through your siding and destroy the exterior of your home. Even smaller hail can cause damage if there is enough of it traveling at a high enough…
Large and Dangerous Tornado Sweeps through East Central Kansas and Kansas City Metro
On May 29, 2019, a vicious storm tore through Kansas City and east-central Kansas. The storm spawned tornadoes that downed trees and power lines, damaged homes, and injured at least a dozen people. It marked the twelfth straight day that at least eight tornadoes were reported to the National Weather Service. Tornadoes and severe storms are part of life in…
Proving that insurance companies have acted in bad faith
Insurance companies tend to have a distinct advantage in their relationships with policyholders. Therefore, they are generally expected to act in good faith when dealing with a customer. There are many ways that states define bad faith on the part of an insurance provider. However, as a general rule, there are two elements that must be shown to prove that…
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…
Minnesota Common Interest Ownership Act Applicability
The Minnesota Common Interest Ownership Act (Minnesota Statute § 515B), commonly referred to as MCIOA, is a Minnesota state law that governs the operation of condominium associations and other common interest communities. MCIOA provides legal authority to address issues that frequently affect common interest communities. MCIOA applies to all townhome associations and condominium associations created after June 1, 1994 and…
How Does Minnesota Law Affect you When you Buy Property in a Common-Interest Community?
A “common-interest community” is one in which you buy an individual unit but have access to shared facilities. They include condominiums, townhomes, coops, and other housing developments comprised of individually owned units, in addition to shared facilities and common areas. In a common-interest community, you pay an annual assessment to cover the upkeep of the shared facilities and common areas.…
CONCILIATION COURT AND HOA’S – A WIN-WIN FOR ALL PARTIES
Enforcing covenants and conditions can be the biggest nightmare for an HOA board, especially once the break-even point has been reached and the developer is no longer involved. The HOA then has to make a series of decisions about when and why to enforce covenants-CC&R’s-and sometimes when not to. Everyone has read horror stories on the Internet about HOAs enforcing…
THE ROLE OF A TREASURER IN A MINNESOTA HOMEOWNERS ASSOCIATION
If you’ve been elected the treasurer of your homeowner association, then you need to be aware of all of the responsibilities that fall on that position. In this post, we’ll discuss what the role of homeowner association treasurer requires of you and provide some tips on how to do the job effectively. ASSOCIATION REQUIREMENTS The first thing you should do…
SJJ SCORES SUPREME COURT VICTORY FOR INSURANCE POLICYHOLDERS
SJJ notched a victory at the Minnesota Supreme Court in Cedar Bluff Townhome Condominium Association, Inc. v. American Family Mutual Insurance Company, a landmark insurance coverage case concerning an insurance policyholder’s right to have their property repaired with matching building products. Attorneys Curt Roeder and Anthony T. Smith represented Cedar Bluff Townhome Condominium Association, a 20-building townhome association that made…