Updates to MCIOA Homeowners Associations Need to Know About: Part III
As discussed in earlier in this series, there were some significant changes to Minnesota Statutes Chapter 515B, commonly known as the Minnesota Common Interest Ownership Act (“MCIOA”) adopted in the recent session of the Minnesota legislature. Part I focused on the ability to assess attorneys’ fees and costs incurred in conjunction with a homeowner’s violation […]
What Homeowners Associations Need To Know About Decriminalization of Cannabis in Minnesota Part III: Prohibitions on Use of Cannabis in Multi-Family Buildings
The decriminalization of adult use and sale of cannabis will have a significant impact on Minnesotans, including those who live in homeowners associations. Part I of this article provided a broad overview of what the decriminalization means for associations. Part II focused on nuisance claims and the potential consequences for associations responding to such claims. […]
Updates to MCIOA Homeowners Associations Need to Know About: Part II
As discussed in Part I of this series, there were some significant changes adopted in the recent session of the Minnesota legislature affecting Minnesota Statutes Chapter 515B, commonly known as the Minnesota Common Interest Ownership Act (“MCIOA”). Part I focused on the ability to assess attorneys’ fees and costs incurred in conjunction with a homeowner’s […]
What Homeowners Associations Need to Know About Decriminalization of Cannabis in Minnesota Part II: Use of Cannabis Defined as a Nuisance
The decriminalization of adult use and sale of cannabis will have a significant impact on Minnesotans, including those who live in homeowners associations. Part I of this article provided a broad overview of what the decriminalization means for associations. Part II focuses on nuisance claims and the potential consequences for associations responding to such claims. […]
Updates to MCIOA Homeowners Associations Need to Know About: Part I
The regular session of the 93rd Legislature of Minnesota was a busy one! The legislature passed laws adopting paid sick leave and family/medical leave, declaring certain noncompete agreements unenforceable, and establishing paid breakfast and lunch for all Minnesota’s K-12 students. Oh, and of course the big one: enacting laws that decriminalize adult use and sale […]
What Homeowners Associations Need to Know About Decriminalization of Cannabis in Minnesota Part I: The Basics
It’s no secret that the 2023 legislative session in Minnesota ended with the adoption of significant new laws and changes to existing laws, but the decriminalization of adult use and sale of cannabis was headline-making news. Included in the 300-page bill were a few provisions that will affect homeowners associations. Part I of this article […]
Air Kisses, Head Nods and Fist Bumps: Acknowledging Cultural Differences in Our Communities
In some cultures, “air kissing” both cheeks is the expected greeting, even if meeting for the first time. In others, extending a left hand to shake is considered highly offensive. Knowing a little about the cultural differences in our communities can help avoid unintentional slights and aggressions and can make living in a diverse community […]
Updating Your Association’s Governing Documents: An Overview
The decision to amend a community association’s governing documents begins with an understanding of the community association and its governing documents; progresses through the formulation of goals for any new documents, identified based on weaknesses in or issues with the existing governing documents; and ends with an understanding of the amendment process required to accomplish […]
ASSOCIATION GOVERNING DOCUMENTS: Where to Find What and Tips on Amending Governing Documents
Community associations are controlled by a set of governing documents. The three main governing documents are the Declaration, the association’s Articles of Incorporation and its Bylaws. The governing documents relate to the community association in its dual role as a non-profit corporation and a community association (with restrictive covenants, conditions and easements controlling the real […]
Good Neighbors Make Good Fences: A Neighborly Approach to Shared Amenities
They say, “Good fences make good neighbors,” but I would posit that good neighbors make good fences. Many associations share fences, pools, driveways and sometimes even buildings. While many shared amenities are subject to easement agreements or covenants that describe what each association’s rights and responsibilities are, those agreements – if they do exist – […]