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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...
2006-03-03 COMMUNITY ASSOCIATION CONSTRUCTION DEFECT CLAIMSMinnesota community associations often face construction defect issues arising out of original construction and improvement projects. This article discusses basic legal principles related to those construction defect claims. A wide array of statutes apply to construction defect claims by Minnesota community associations. Minnesota Statutes Chapter 327A provides a statutory basis for pursuing breach of warranty claims by a homeowner, including community associations on behalf of its...
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...
2005-02-11 LEGISLATURE TO CONSIDER PROPOSED AMENDMENTS TO MCIOAThe Council of the Real Property Law section of the Minnesota State Bar Association appointed a committee composed of attorneys to review the Minnesota Common Interest Ownership Act (“MCIOA”) for potential updating. Over the past two years, the Committee has worked to create an agreed upon amendment. The proposed amendment had been completed and approved by the Council. The proposed amendment is not a complete overhaul of MCIOA, but rather a “tune-up,” with an emphasis on selective...
2003-06-11 The Minnesota Common Interest Ownership Act: A Positive Effect for Minnesota Community AssociationsYou see more and more planned communities in Minnesota everyday. Townhouse, condominium and other forms of planned communities are becoming increasingly prevalent in Minnesota real estate development. With the increased popularity of planned communities, Minnesota community associations law has developed in leaps and bounds over the last several years. Minnesota community associations law came of age on June 1, 1994, when the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter...
2003-06-11 Community Associations: Frequently Asked Questions1. What is a Community Association? Community Association is a generic term used to describe residential developments in which each owner is bound to a real estate organization by a set of governing documents that require adherence to a set of rules and payment of assessments. The money collected in assessments is used for the operation of the association. Membership is automatic when a unit is purchased. There are typically three types of Community Associations,...
2003-06-11 Legislative Alert: MCIOA Amendment Enacted, Some Provisions Applicable to pre-1994 Planned Unit Developments
On March 15, 1999, Governor Ventura signed a bill into law that substantially amends the Minnesota Common Interest Ownership Act (hereinafter "MCIOA"). The primary effective date of the amendment is August 1, 1999. MCIOA generally governs common interest communities[1], including townhouse, condominium and cooperative associations. This article addresses and summarizes the provisions of MCIOA which are now applicable to planned unit developments (hereinafter "townhouses") created...
2003-06-11 Satellite Dish Update: FCC Clarifies Restrictions
The Federal Communications Commission (the “FCC”) recently adopted an Order (FCC 98-273, hereinafter the "Order") further implementing Section 207 of the Telecommunications Act of 1996 to promote consumer choice and competition in the video programming distribution market. The revised over-the-air reception device rule extends the prohibition on restrictions that hinder consumer use of television antennas, small satellite dishes, and wireless cable antennas to include viewers who rent property and...
2003-02-18 Creating Community Association Documents for New DevelopmentsCreating Community Association Documents for New Developments
Creating community association documents for new developments is the most important and lasting impression that a builder/developer will make on a new community. The Minnesota Common Interest Ownership Act (“MCIOA”), Minnesota Statutes Chapter 515B, applies to most Minnesota community associations formed on or after June 1, 1994. MCIOA applies in whole or in part to condominium associations formed prior to June 1, 1994 and...
2003-02-11 Nonprofit Corporation Registration RequirementsLEGISLATIVE ALERT: NONPROFIT CORPORATION REGISTRATION REQUIREMENTS COMMUNITY ASSOCATIONS MUST REGISTER WITH THE MINNESOTA SECRETARY OF STATE, OR ELSE… CAI Spring Conference 1997 Overview of Corporate Status. Incorporated Associations Almost all community associations are nonprofit corporations and subject to governance under Minnesota Statutes Chapter 317A, known as the Minnesota Nonprofit Corporation Act (the “Act”). Unincorporated...
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