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2008-11-12 "COMFORT ANIMALS": WHAT ARE THEY AND HOW SHOULD ASSOCIATIONS DEAL WITH THEM?The Federal Fair Housing Act (FHA) and the Minnesota Human Rights Act (MHRA) prohibit discrimination against some protected classes, such as disabled individuals. Normally, a residential housing provider is required to make reasonable accommodations in its policies, procedures and practices to afford a disabled individual with an equal opportunity to use and enjoy a dwelling. These acts have been held to apply to community associations. In the context of pet and animal restrictions,...
2008-11-12 BOARD COMMUNICATIONS – AN UPDATEIn a previous article, we discussed use of electronic communications to conduct business of associations governed by Minnesota Statutes Chapter 515B, the Minnesota Common Interest Ownership Act (MCIOA). (See our Spring 2008 newsletter.) As that article indicated, boards acting on behalf of associations governed by MCIOA are required to have open board meetings except when the discussion involves certain sensitive matters (as enumerated in MCIOA). Not all associations, of course, are...
2008-09-25 NOVEMBER 22 ASSOCIATION LAW SEMINAR TO FOCUS ON COMMUNICATIONS, PRIVACY ISSUESCommunications and Privacy Issues touch every aspect of association operations. Join us to discuss concerns involving attorney/client privilege, best practices for both official and unofficial communications between board, property managers and association members, and how to best balance the "need to know" and the need for privacy and discretion. This two-hour session will feature an in-depth panel discussion and QA. We invite attendees to pose their questions to us prior to the program; we will...
2008-07-08 THE PITFALLS OF HIGH-TECH COMMUNICATIONSOver the last decade, the use of e-mail communications has increased dramatically. Today, association board members frequently use e-mail to communicate with each other, the association's manager, attorney and vendors. Sometimes, board members' discussion on a topic essentially takes place via an exchange of e-mails, and, when a topic comes up at the next meeting, the matter has already been all but decided. For associations governed by the Minnesota Common Interest Ownership Act (MCIOA), such...
2008-07-03 LEGISLATIVE UPDATEDuring the last legislative session, the Minnesota legislature passed several bills affecting community associations. This article contains a summary of the major legislative changes affecting community associations. Complete copies of any of the bills mentioned here can be found at the website for the Minnesota Office of the Revisor of Statutes: www.revisor.leg.state.mn.us. Foreclosure Amendments During this past session, the Minnesota legislature has reviewed many of...
2007-09-14 RULES AND REGULATIONS - ADOPT AND ENFORCE, AS A RULEAssociations often under-utilize Rules and Regulations. Rules and Regulations are specific guidelines and policies relating to the day to day operation of an Association. Unlike other Association governing documents, Rules are generally easy to adopt and modify because they are typically adopted and amended by the board of directors without member input or approval. Home owner involvement is not typically required to modify or amend the Rules and Regulations. Under-utilizing Rules and...
2007-02-12 REVIEWING COLLECTION PROCEDURES TO AVOID DEFAMATION CLAIMSIn June, 2006, the United States District Court of the District of Minnesota issued an order resolving many of the claims in the case of Cohen v. Beachside Two - I Homeowners Association. The Cohen case involved a community association Board that printed in its Board minutes information related to unpaid assessments by an unidentified unit owner. Based partly on the actions of the Board, a unit owner commenced a lawsuit alleging various tort claims against the...
2006-10-12 BOARD MEMBERS HAVE PRIVILEGES - AND RESPONSIBILITIESBoard members enjoy a significant privilege: that of being in the "inner circle," privy to the decision-making process and the long-term plans for the association. Yet, each member also has significant responsibilities - including a duty to be prepared, to act prudently, and to act in the best interest of the association. Responsibilities to the Board Board members should attend most if not all meetings, and come to them prepared. Reviewing the "Board packet" (often prepared...
2006-06-10 THE RENTERS ARE COMING - THE RENTERS ARE COMING!
community associations are increasingly facing issues with non-resident owners. Over the last several years, the Minnesota housing market enjoyed dramatic increases in value, with above normal increases in duplexes and similar multi-unit housing. As real estate investors drive up the price of these multiple unit dwellings, a point is reached where the properties no longer provide cash flow, and real estate investors must look to other potential investments. Recently, real estate investors...
2005-06-25 TRANSITION OF DEVELOPER CONTROL: WHAT SHOULD THE DECLARANT TURN OVER?
Due to the aging baby boom population and substantial increases in land costs, builders and developers have been increasingly constructing substantial numbers of common interest communities throughout the state of Minnesota. Condominium and townhouse style projects have become increasingly popular. As a result, the demand for these types of developments is far outpacing traditional single family homes. We are frequently asked what a developer or builder is required to provide to the unit owners when...
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