By David G. Hellmuth, Esq. and Nancy T. Polomis, Esq. 

“One Thousand Americans Stop Smoking Every Day – By Dying.” ~ Author Unknown

The Surgeon General’s warning on every pack of cigarettes warns of the dangers of smoking.  Those dangers, of course, relate to the person smoking the cigarette.  But what about the effect of smoking on the health on those around the smoker?  Based on a study released on February 12, 2007, warning signs for cardiovascular disease are higher in people exposed to secondhand tobacco smoke, adding to the link between “passive smoke” and heart disease.[1]  According to the lead author of the study, Dr. Andrea Venn of the University of Nottingham in Britain, “Our study provides further evidence to suggest low-level exposure to secondhand smoke has a clinically important effect on susceptibility to cardiovascular disease.”  Studies such as Dr. Venn’s are only the tip of the iceberg.  Research findings, health studies, and documented reports of the health risks associated with secondhand smoke abound. [click to read the full article]

By Chad A. Johnson, Esq. 

Successful collection of community association assessments and related fees begins with the community association’s board of directors, which adopts the community association’s annual budget for expenses, assesses those expenses to the homeowners, and establishes deadlines for payment.  The community association’s board of directors should adopt a late fee policy, which provides an incentive for homeowners to timely pay assessments each month. [click to read the full article]

By Nancy T. Polomis, Esq.

For any newly-elected Board member, the responsibilities and obligations of the job can be daunting.  Taking those responsibilities and obligations seriously is important, not only because it’s the “right thing to do,” but also because doing so is in the best interests of the Association and better ensures an amicable relationship between the Board of Directors and the Association membership. [click to read the full article]

By Nancy T. Polomis, Esq. 

While many associations are focusing their energy and resources on collecting every possible penny from delinquent homeowners, an association’s board of directors cannot disregard the rest of its obligations to the association membership, including periodic reviews of the association’s governing documents, particularly with regard to collections-related matters.  In some cases, such reviews will highlight significant shortcomings, while in other cases, the review is merely a timely refresher for the directors.   As you review your governing documents with legal counsel, here are a few things to keep in mind: [click to read the full article]

By Phaedra J. Howard, Esq.

We hear a lot about open meetings, but what does that really mean for an association?  With a few exceptions that will be discussed below, the Minnesota Common Interest Ownership Act (“MCIOA”) requires that board meetings be open to the members.  Associations that are not subject to MCIOA should abide by the open meeting provisions even if not required to do so under their governing documents for one simple reason:  transparency.  Homeowners become suspicious of boards that meet and make decisions in secret.  But when the board’s actions are open and transparent to the members, it reduces suspicions and accusations and helps the board focus on the business of running the association instead of wasting time having to defend its every action.  Having open meetings does not mean that the members are entitled to participate in the discussions or voting process, but simply that they are entitled to observe the Board as it carries out the business of the Association.  Many associations opt to hold an open forum before or after the official meeting to allow homeowners to bring issues or concerns to the board’s attention, but once the open forum portion is done, homeowners should be quiet observers and not active participants in the remainder of the meeting. [click to read the full article]

By David G. Hellmuth, Esq. Last updated May 15, 2011 

Recent newspaper headlines throughout the country have made it clear that the mortgage industry is in trouble and that the real estate market is in severe decline.  As a result, mortgage foreclosures are on the rise due to declining economic conditions.  [click to read the full article]

By Nancy T. Polomis, Esq. Last updated June 15, 2011 

The 2009 legislative session brought changes to laws affecting foreclosure of mortgages and association liens and vacant properties. Most changes affect the mechanics of the foreclosure procedures, but a few changes were clearly aimed at addressing the growing number of foreclosures and the problems related to vacant properties. [click to read the full article]

By Chad A. Johnson, Esq.

There are a variety of options available to restrict or regulate leasing within Minnesota community associations, depending on the desired end result. The available options range from implementing rules and regulations to regulate leasing and govern occupant activity to amending a community association’s declaration to restrict or limit or prohibit leasing of community association units. [click to read the full article]

By Nancy T. Polomis, Esq. 

New Year’s resolutions are in abundance these days:  Lose weight.  Get organized.  Call Mom every Sunday. Exercise every day.  But wait, those are all personal resolutions.  How about some resolutions by community associations to help foster a sense of community? [click to read the full article]