I Am the King (Or Queen) of My Castle!

One of the reasons many people choose to live in a community association is the aesthetic appeal—home styles are complementary, with similar features, perhaps similar colors and/or layouts. In order to maintain that aesthetic uniformity, the Association must be involved in any planned changes to a home’s exterior or to landscaping or yard areas. Occasionally, […]

Know & Tell: Understanding Seller’s Real Estate Disclosure Requirements

As most real estate professionals know, under Minnesota law, sellers of Minnesota real estate – as well as the agents involved – are required to make disclosures regarding conditions that may affect the use and enjoyment of a property. Understanding disclosure requirements will enable agents to be more effective in representing their clients and in […]

What is a community association?

From time to time, I hear members of an association referred to as “tenants,” and hear of members’ requests to an association to fix an appliance or clean a carpet in their homes.  Often, such statements are made by owners new to an association—often those coming from apartment-style living.  Those kinds of statements make me […]

Opting in to MCIOA: What to consider, how to plan and how to execute the plan

Since the enactment of the Minnesota Common Interest Ownership Act (MCIOA) in 1994, a significant number of associations not subject to MCIOA have made the decision to “opt in” to MCIOA – and thus to be governed by MCIOA.  What factors should be considered when making the decision to opt in?  Once the decision to opt in […]

Dealing with Difficult Homeowners: Can’t We All Just Get Along?

For many associations, the Board of Directors’ biggest issue is not collecting assessments, establishing budgets or even dealing with insurance claims…it’s dealing with difficult homeowners.   Even the most even-tempered folks have “hot buttons,” and dealing with the emotions entwined in ownership of one’s home can push those buttons and create problems in an association. The […]

Community Associations – Using tools of technology: A cautionary tale

It comes as no surprise that some tools of technology and communication have made our lives easier in many respects. However, the use of blogs, e-bulletin boards, group e-mail accounts, etc., by homeowners associations can also pose certain risks that may well outweigh the benefits of their use. Knowing some of those risks can help […]

Unity in the community

Unity in the Community: It Starts with Effective Board Members 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 […]

Board Communications – An Update

In 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 pitfalls of high-tech communications

Over 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, […]