Homeowner Associations
Hellmuth & Johnson provides legal services to a significant number of homeowner association clients. Representing homeowners associations has been a cornerstone practice area of the firm since its inception more than 25 years ago. We are one of only a handful of law firms in Minnesota with a substantial number of experienced attorneys focused on serving the legal needs of homeowner associations. Our homeowner association team currently consists of nine attorneys, four of whom have been certified as real property law specialists by the Minnesota State Bar Association, a designation that is reserved for only about 1% of all attorneys in the State of Minnesota.
Our Services Include:
- Drafting governing documents and amendments
- Reviewing and revising rules & regulations
- Assisting with FHA project certification
- Providing legal opinions on various matters
- Collecting delinquent assessments
- Reviewing and negotiating vendor contracts
- Handling disputes with homeowners, contractors and/or neighboring associations
- Providing advice and representation on fair housing issues
- Resolving easement issues
- Preparing maintenance responsibility charts
- Litigating construction defect claims
- Enforcing governing documents, including preparation of notices of violation and facilitating hearings before the board of directors regarding proposed fines
- Pursuing harassment restraining orders
- Separating one association into two separate communities
- Converting apartments and cooperatives to condominiums
- Representing associations in bankruptcy court, insurance claim issues, etc.
- Providing training for boards of directors
H&J leads Minnesota homeowner association legal representation in a number of ways:
Experience
Simply stated, we know cooperative, homeowner association and non-profit corporation law and choose to devote a substantial portion of our practice to the representation of homeowner associations. Our firm currently represents several cooperatives and several hundred homeowner associations on an ongoing basis and many more intermittently. Over the years, we have been active members of the Minnesota Chapter of the Community Association Institute (“CAI”) and the Minnesota Multi Housing Association (“MMHA”), including its CIC Midwest division. Several of our attorneys are current and/or past Board members of CAI-MN. We continue to be actively involved with both organizations, including serving on the Boards and/or chairing various committees, teaching seminars and authoring articles for industry publications; one of our attorneys is currently serving as president of CAI-MN.
Value
Because of our extensive experience, we are frequently able to resolve matters more quickly. In addition, where appropriate, our law firm strives to use experienced non-attorney personnel, standardized forms and established procedures to complete routine matters, thereby reducing the legal fee expenses to our homeowner association clients without sacrificing the quality of services provided.
Thought Leadership
We are frequent contributors to several local and national association-related publications, where we discuss various legal issues and alert readers to legislative and case law changes that affect the day-to-day operations of homeowner associations. Most of these articles are also available on our firm’s website, www.hjlawfirm.com. Our attorneys also conduct free seminars for association clients, as well as property managers and realtors. We currently host two large seminars annually (in the spring and fall) as well as periodic one- or two-topic seminars held in various communities and/or the offices of management companies and real estate agencies around the metro area. Our seminars are regularly approved for continuing education credits for real estate professionals.
Experience
Our firm has substantial expertise in representing single family, condominium, townhouse and cooperative associations in all aspects, including entity formation, the creation and amendment of governing documents, collection of assessments (including foreclosure), resolution of homeowner disputes, interpretation and enforcement of governing documents, assistance with and counsel on fair housing and reasonable accommodation issues, review and negotiation of management and vendor contracts, and advice and counsel to associations on a wide variety of legal issues. In addition, members of our homeowner association team are top-notch litigators who handle a wide range of disputes including a significant number of construction-related matters involving private residences, commercial properties and associations.
The experience and breadth of services we provide to homeowner associations keep our team in demand as go-to counsel for homeowner association boards seeking routine legal services as well as assistance with more sophisticated projects such as the review and updating governing documents. Association clients who had previously worked with different counsel often comment on the exceptional level of expert and practical advice we provide that their prior counsel did not provide. Our experience, efficiency and efficacy allow our homeowner association clients to receive the highest quality legal representation at the best possible value.
Public Policy Leadership
Hellmuth & Johnson attorneys serve on several legislative committees focused on issues that affect homeowner associations, including the Minnesota Common Interest Ownership Act Committee of the Minnesota State Bar Association’s Real Property Section; the Minnesota Legislative Action Committee of Community Associations Institute; and the Legislative Committee of CIC Midwest, a division of the Minnesota Multi-Housing Association. As committee members, Hellmuth & Johnson attorneys draft and evaluate proposed legislation, dialogue with other interest groups, meet with senators and representatives, and influence public policy decisions at the Minnesota State Capitol.
News Items
- Nancy Polomis Receives Lifetime Achievement Vision Award
- Attorney Kurt Mitchell Rejoins Hellmuth & Johnson
- David Hellmuth Participates in Minneapolis/St. Paul Business Journal Executive Discussion
- David Hellmuth Named a 2023 “Lawyer of the Year” by Best Lawyers in America®
- Hellmuth & Johnson Attorneys Named to Best Lawyers in America® 2023 Lists
- Hellmuth & Johnson Attorneys Named to 2022 Minnesota Super Lawyers® and Rising Stars List
- Phaedra Howard Featured in HOALeader.com
- Attorney Karl Tsuchiya Joins Hellmuth & Johnson
- Attorney Amanda Linden Joins Hellmuth & Johnson
- Nancy Polomis Interviewed by CNN to Explain New Fannie Mae and Freddie Mac Lender Requirements for Condominium and Cooperative Projects Following the Condominium Collapse in Surfside Florida
Thought Leadership
- Air Kisses, Head Nods and Fist Bumps: Acknowledging Cultural Differences in Our Communities
- Updating Your Association’s Governing Documents: An Overview
- ASSOCIATION GOVERNING DOCUMENTS: Where to Find What and Tips on Amending Governing Documents
- WEBINAR REPLAY: HOA Spring Legal Updates 2023
- Balancing the Need for Privacy vs. Transparency
- Attorney Spotlight: Joe Barnett
- Don’t Be Penny Wise and Pound Foolish When it Comes to Spending Money on Legal Fees
- WEBINAR REPLAY: HOA Fall Legal Updates 2022
- Fun Facts About Cooperatives
- Attorney Spotlight: Amanda Linden
Community
Our attorneys serve the local community through the following affiliations:
- Real Property Section of the Hennepin County
- Minnesota State Bar Association
- American Bar Association
- Minnesota Legislative Action Committee of Community Associations Institute
- CIC Midwest, the homeowners association division of the Minnesota Multi-Housing Association
- CAI-MN, the local chapter of the Community Associations Institute
- National Association of the Remodeling Industry, Minnesota Chapter (NARI-MN)
- Co-op Network
- Eden Prairie Chamber of Commerce
- Shakopee Chamber of Commerce
- City of Savage Planning Commission
- City of Shakopee Planning Commission
Past Seminars
- Legal & Business Issues Affecting Contractors 2020
- 2019 Community Association Fall Seminar
- CLE: Millennials and Gen Xers Are in Your Jury – Are You Ready?
- 2019 Community Association Spring Seminar
- 2019 Community Association Spring Seminar
- Legal and Business Issues Affecting Contractors 2019
- Community Association Seminar Fall 2018
- Divorce Litigation from Start to Finish
- New Overtime Rules Seminar 2016
- Second Saturday Divorce Seminar
- Community Association Seminar Fall 2016
- Revocable Living Trusts from Start to Finish
- Entertainment Law
- Revocable Trusts from A to Z
- Business Decisions You Can Bank On
- Cyberliability Insurance Session
- Intellectual Property – Armor for Entrepreneurs
- Small Business Series: Wage and Hour Issues
- Mastering Fiduciary Accounting Income
- Small Business Series: Succession Planning
- Drafting IRA Trusts
- Proactive vs. Reactive: Charitable Giving Seminar
- 2017 Women’s Entrepreneurship Conference
- Small Business Series: Intellectual Property
- Community Association Seminar Spring 2017
- Trusts From A to Z
- 2017 Probate & Trust Law Conference
- What Can You Do With Property Nobody Wants?
- How Not to Get Sued
- Estate Planning: The Ultimate Guide
- How To Get It Done: A Homeowners Guide
- Accommodation Requests Under the Fair Housing Act
- Small Business Series: Business Banking
- Legal and Business Issues Affecting Contractors 2017
- Commercial RE Seminar: Environmental Due Diligence
- ABA Property Insurance Law Spring CLE Conference
- Community Association Seminar Spring 2018
- Preventative Maintenance & Const. Defect Claims
- Single Member LLCs
- Revocable Living Trusts 101
- Trust Taxation: The Ultimate Guide
- Legal and Business Issues Affecting Contractors 2018
- Intellectual Property: Start to Finish
- 2017 Greater Mankato MHA Conference and Trade Show
- Community Association Seminar Fall 2017
- Drafting IRA Trusts
- Small Business Series: Non-Competes & More
- Rochester Community Association Seminar 2017
- What’s Your End Game? Succession Planning
- Handling the Sale of a Business
- “Guilty Until Proven Innocent” Flooring Seminar