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”)…
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,…
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.
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…
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…
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…
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…
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…
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 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,…
