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…
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…
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…
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…
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…
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…
If you live in a condominium or townhome in Minnesota, you are likely part of a homeowners’ association. Homeowners’ associations help protect the investments of the members and community by establishing and enforcing rules and regulations. They also make sure that the shared areas are maintained and upgraded as needed. Members pay a fee to ensure these tasks are carried…
Homeowner associations often need to enter contracts to undertake construction work or other improvements that will affect all members of a homeowner association. Unfortunately, sometimes contracts are approved without careful review and contractors who are unqualified or unlicensed are hired. Associations should carefully review all contracts they intend to enter, giving it the same amount of exceptional care that would…
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…
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…
