LEGAL SUPPORT FOR REAL ESTATE PROFESSIONALS

Realtors and other real estate professionals play an important role in assisting buyers and sellers in transactions involving homeowners associations (“HOAs”). is here to help professionals ensure that their clients have all of the information they need to make an educated decision about their particular situation, and to make sure their transaction goes as smoothly as possible. For sellers, this…

LEGAL SUPPORT FOR REAL ESTATE PROFESSIONALS

Preventative Maintenance Plan “To Do” List

Click here to download the checklist (Preventative Maintenance Plan “To Do” List) 2. ___________ Follow the Preventative Maintenance Plan. Retain qualified professionals (contractor, engineer, etc.) to inspect all association-maintained improvements. Best Practice Tip 4: Liability! The board and its management company should not do the inspections. 3. ___________ Review and Act on the Inspection Summaries. After inspections have been conducted,…

Preventative Maintenance Plan “To Do” List

Who is responsible for storm repairs in a townhouse?

As summer rapidly approaches, we tend to think about shorts, barbeques and warm weather finally coming after a dreadful winter. However, a significant part of summer is the massive storms that happen all season long. Summer storms often afflict significant damage on roofs, exteriors to houses and even the roads. But who pays to repair storm damage when it happens…

Who is responsible for storm repairs in a townhouse?

KonMari Your HOA – Decluttering your Documents with a Records Retention and Request Policy

Being a member of the Board of Directors at your Homeowners Association can be a thankless job. With all of the issues the Board has to deal with, responding to document requests from homeowners should be an easy one. Still, one of the major complaints we hear from Boards is the overwhelming amount of paper, documents, and other files that…

KonMari Your HOA – Decluttering your Documents with a Records Retention and Request Policy

Ice Dams and HOAs

With the record setting snow fall of the last few months in Minnesota, many homeowner associations are starting to see ice dams. An ice dam is a chunk of ice on the edge of your roof line and is usually caused by inadequate insulation or ventilation which allows escaping heat to melt snow on the roof. When the melted snow…

Ice Dams and HOAs

Association Violation Letters Are Not Attempts to Collect A Debt

SJJ recently won an important case in the Federal District Court of Minnesota related to a homeowners’ association’s ability to send violation letters. The case involved a homeowner who sued their association for alleged violations of the Fair Debt Collection Practices Act (“FDCPA”). The FDCPA is a federal law which protects consumers from unfair or abusive debt collection practices. Homeowner…

Association Violation Letters Are Not Attempts to Collect A Debt

Reserve Studies are not Preventative Maintenance Plans

In 2017, the Minnesota legislature made several changes to the Minnesota Common Interest Ownership Act, Minn. Stat. 515B (“MCIOA”), the law governing most homeowner associations in Minnesota.  One of these changes requires that associations adopt and distribute a formal Preventative Maintenance Plan (“PMP”) by January 1, 2019.  For more information on the specifics of these Plans,  see our previous post…

Reserve Studies are not Preventative Maintenance Plans

Homeowner Association Voting Rights In Minnesota

Minnesota homeowners who are part of a homeowner association (“HOA”) have the right to full participation when it comes to deciding how community issues will be handled. Whether it is an in-person vote or by an absentee ballot, voting allows homeowners to make their choices count. You Have the Right to Vote Homeowners who are part of an HOA have the…

Homeowner Association Voting Rights In Minnesota

Minnesota Common Interest Ownership Act Changes and Updates

During the last legislative session, the Minnesota legislature made two significant changes to the Minnesota Common Interest Ownership Act, Minn. Stat. § 515B (“MCIOA”) that will affect all common interest communities subject to that law. These changes, which have been signed into law by Governor Dayton, affect community associations’ maintenance responsibilities and rights to bring construction defect lawsuits. This blog…

Minnesota Common Interest Ownership Act Changes and Updates

Airbnb Challenges with HOA and Property Insurance Claims in Minnesota

If you run an Airbnb or use another short-term rental site, it could impact any property insurance claims in Minnesota. Also, depending on the homeowner association (“HOA”) rules and governing documents, you could also be violating rules of the community. It is not unusual for HOA board members to approach Minnesota-based insurance attorneys for help in enforcing or clarifying the…

Airbnb Challenges with HOA and Property Insurance Claims in Minnesota