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,…
Background checks have long been used as a way for owners wishing to lease their units to determine who may rent their property. However, this practice has recently come under fire, as rejecting tenants on the basis of their criminal history may violate state and federal discrimination laws. With that in mind, how should homeowners associations handle background checks for…
In an opinion issued today by the Minnesota Court of Appeals, it upheld an insurance company’s exclusion against repairing a policyholder’s hail-damaged property with reasonably matching materials in Pleasure Creek vs. American Family. The Court relied heavily on the recent decision from the Federal 8th Circuit in Noonan v. American Family that upheld a similar exclusion. In relevant part, the…
There is more to a homeowner association than meets the eye. There’s a lot going on behind the scenes, with these associations dealing with regular challenges and potential pitfalls that can cost them money and anger residents. Knowledge of the most common homeowner association mistakes makes it easier to avoid trouble. Here are five mistakes that come up time after…
Running a successful homeowners’ association is a difficult task. Each resident within a community has their preferences for how they decorate and maintain their home, and there always seems to be one or two owners who simply do not want to operate inside the HOA guidelines. In many cases, some owners will find conflict wherever they go, regardless of how…
Insurance is generally the largest budgeted expense for most homeowners associations (HOAs). But not every insurance policy is the same. So how do HOAs know whether the insurance policy they’ve purchased meets their needs? These are just some of the things HOAs need to be consider when they’re deciding which insurance policy to purchase. What is the Policy Deductible? Every…
In the United States, community associations represent the fastest-growing form of home ownership. These organizations include townhome associations, condominium associations and cooperatives. According to a 2010 estimate from the Community Associations Institute, there were 62 million Americans living in community associations. That’s about 25 million homes. There are law firms that serve the legal needs of these associations, including their…
