2010-02-23

NEW FANNIE MAE AND HUD LENDING RULES - LEARN HOW YOUR ASSOCIATION IS AFFECTED

by Joel A. Hilgendorf, Hellmuth & Johnson, PLLC

As condominium owners can attest, the recent economy has not helped the value and marketability of condominiums. Fannie Mae has now implemented new guidelines that can make it yet more difficult to sell condominiums. The Department of Housing and Urban Development ("HUD") has adopted similar new temporary regulations that went into effect on December 7, 2009 and remain effective until December 31. 2010. More restrictive permanent...
> MORE

2009-10-20

DEALING WITH BANK-OWNED PROPERTIES IN AN ASSOCIATION

By Phaedra J. Howard

As the numbers of foreclosures continue to rise, Associations are experiencing an increase in the number of bank-owned properties and the myriad of issues that result from this once unique situation.

One issue that arises when a bank or mortgage company takes over ownership of an association property is that the association now has an absentee owner. The property itself may or may not be vacant, depending on whether the prior owner has moved out or been evicted, but the...
> MORE

2008-09-25

NOVEMBER 22 ASSOCIATION LAW SEMINAR TO FOCUS ON COMMUNICATIONS, PRIVACY ISSUES

Communications 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...
> MORE

2008-03-15

FCC PROHIBITS EXCLUSIVITY CLAUSES

The Federal Communications Commission ("FCC") recently banned the use of exclusivity clauses for the provision of video services to multiple dwelling units ("MDUs") or other real estate developments.  The ban applies to apartment buildings, condominium buildings, cooperatives, and other centrally managed residential real estate developments, including gated communities and townhouse associations.  The central purpose of the rule is to foster consumer choice and competition among cable...
> MORE

2007-06-26

SEND THE KIDS PACKING: ALLOWABLE AGE RESTRICTIONS FOR COMMUNITY ASSOCIATIONS

Kids are great -- especially your own.  But what if you "did your time"?  Your kids are grown, and you're ready to start a new chapter in your life -- without worrying about skateboards and bikes littering the lawn and music thumping and blaring at all hours.   In other words, is there a legal way a community association can "outlaw" kids?

In a word, yes.  But it's not necessarily easy.

The Fair Housing Act

In general, under the federal Fair Housing Act, it...
> MORE

2007-06-25

JOEL A. HILGENDORF ELECTED TO MINNESOTA COMMUNITY ASSOCIATIONS INSTITUTE (CAI) BOARD OF DIRECTORS

Hellmuth & Johnson attorney Joel A. Hilgendorf was elected to the Board of Directors of the Minnesota Chapter of the Community Associations Institute (CAI) at its recent annual meeting.  Hilgendorf, whose practice focuses on the varied needs of the growing association marketplace, will serve a three-year term.

The CAI is the only national organization devoted to representing the ideals of condominium, townhouse and other community associations.  The Minnesota chapter's...
> MORE

2007-06-15

ASSOCIATION COLLECTION OPTIONS IN THE FACE OF A CHANGING MARKET

Associations generally have two options when it comes to collecting unpaid assessments: suing the owner personally and seeking to collect on a judgment for the unpaid amounts, or foreclosing the association's lien.  In a strong real estate market, foreclosing the lien is almost automatic.  In this changing marketplace, however, an association's board of directors needs to re-evaluate its collections practices to ensure the board is both honoring its fiduciary duty to the association to collect unpaid...
> MORE

2007-06-01

ASSOCIATION SEMINARS: CALL FOR TOPICS!

...
> MORE

2007-05-08

TRANSITION FROM DEVELOPER CONTROL, TURNOVER OF RECORDS AND OTHER DUTIES – WHAT SHOULD THE DECLARANT TURNOVER?

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.

As legal counsel for community associations, we are frequently asked the following...
> MORE

2007-03-29

CONSTRUCTION DEFECTS OR ROUTINE REPAIRS?

A Protocol Primer for Community Association Property Managers

The construction boom of the 1990s and the early part of this decade has resulted in a number of issues affecting the role of the property manager.  First, and perhaps foremost, the "boom" resulted in the appearance of many new properties subject to the Minnesota Common Interest Ownership Act -- vesting property managers with more work to do and more clients to serve.  At the same time, a secondary result of the...
> MORE