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 Featured in HOAleader.com
- CIC Midwest News Features Nancy Polomis
- Nancy Polomis Quoted in HOALeader.com
- Phaedra Howard Featured on “Where You Live” Podcast with Gene Sullivan
- Nancy Polomis Receives Excellence in Service Vision Award
- Nancy Polomis Named to Twin Cities Business 2020 Notable Women in Law List
- Phaedra Howard Talks MN Executive Order 20-81 with Gene Sullivan on “Where You Live” Podcast
- Michael Klemm Appointed Chairman of the Shakopee Chamber of Commerce Public Policy Committee
- MCIOA Amendments with CAI-MN and Attorney Michael Klemm
- Political Signs & Campaign Visits with CAI-MN and Attorney Nancy Polomis
- Phaedra Howard Quoted in HOAleader.com
- COVID-19 and HOAs: Financial Questions with Phaedra Howard
- Phaedra Howard Featured on “Where You Live” Podcast
- Phaedra Howard Discusses Emotional Support Animals with HOAleader.com
- Phaedra Howard talks holiday decorations with HOAleader.com
- Disaster planning with HOAleader.com & Phaedra Howard
- Autorenewed contracts with HOAleader.com & Phaedra Howard
- Phaedra Howard talks about HOA fraud with HOAleader.com
- Phaedra Howard in HOAleader.com
- Phaedra Howard featured in HOAleader.com
- David Hellmuth featured on AM 1280 “Where You Live” radio show
- Michael Klemm Elected Chairman of Minnesota Legislative Action Committee
- Brian Niemczyk to Present at MHA’s Shaping the Future Conference
- Nancy Polomis to Present on Common Interest Communities & MCIOA 101
- Phaedra Howard Quoted in “HOA Leader” Article on Assistance Animals
- Three Hellmuth & Johnson Attorneys to Present at MHA’s Working Together Conference
- Phaedra Howard Quoted in “HOA Leader” Article on Emotional Support Animals
- Three Hellmuth & Johnson attorneys named partner
- Phaedra Howard wins case for residential cooperative client, judge issues published opinion
- Nancy Polomis quoted in Twin Cities Business story on property rentals for Super Bowl LII
- Nancy T. Polomis featured in November issue of Attorney at Law Magazine
- Nancy Polomis talks what to do when it comes to dog doo-doo in May/June issue of Common Ground
- Nancy Polomis talks real estate on “Where You Live” radio
- Nancy Polomis Receives Award from CAI-MN
- Michael Klemm gives presentation on Antenna Rules and Regulations
- Hellmuth & Johnson Attorneys Selected to the 2016 Minnesota Super Lawyers List
- Michael Klemm featured on Where You Live Radio on tenant screening by HOAs
- Nancy Polomis quoted in Finance & Commerce regarding Super Bowl rentals
- Nancy Polomis discusses fines for Super Bowl condo rentals on Fox 9
- Ed Beckmann presents at CIC-Midwest Lunch & Learn
- Brian Niemczyk to present in Brainerd on “How Not to Get Sued”
- Brian Niemczyk to speak to New Hope Property Managers Association
- Brian Niemczyk to speak at MMHA event in Owatonna
- David Hellmuth Quoted in Finance & Commerce on Condo Laws
- Nancy Polomis’ Article on Permitting Rain Barrels in an HOA Featured in HOAleader.com
- Brian Niemczyk to speak at MMHA Rochester Seminar on May 20
- Brian Niemczyk to speak at the Crime Free Multi-Housing Training
- Hellmuth & Johnson names Phaedra Howard as Partner
- Brian Christiansen to speak at MHA 2014 Fall Convention
- Hellmuth & Johnson Partners Selected to the 2014 Super Lawyers List
- Phaedra Howard to speak in webinar on accomodation requests under the FHA
- Nancy Polomis Quoted in “HOA Leader” Article Regarding Fiduciary Duties
- Nancy Polomis Quoted in “HOA Leader” Article
- Phaedra Howard Quoted in “HOA Leader” Article
- Nancy Polomis in HOA Leader “Did This HOA Board Ask Too Many Invasive Questions?”
- Nancy Polomis in HOA Leader “Legal Update: Trends in State HOA Laws”
- Nancy Polomis in HOA Leader “HOA Boards: Investors Need Not Apply?”
- Nancy Polomis in HOA Leader “Residency Requirements for Your HOA Board of Directors”
- Nancy Polomis in HOA Leader “Emergency assessments: Are they for real?”
- Nancy Polomis re-elected to CAI-MN Board
- Nancy Polomis Interviewed by WCCO
- Hellmuth & Johnson Chosen as 2011 MADACS “Service Member Company of the Year”
- Nancy Polomis Discusses Community Association Board Members in CIC Midwest News Magazine
- Nancy Polomis Comments on Educating Board Members in “Minnesota Community Living” Article
- Nancy Polomis Elected to Serve a Three-Year Term on The Board Of Directors for CAI-MN Chapter
- Nancy Polomis Comments on Community Association Restrictions Concerning Clotheslines in Star Tribune
- Joel A. Hilgendorf elected to Minnesota Community Associations Institute (CAI) Board Of Directors
- “The Renters are (Still) Coming” – CIC News article by Chad Johnson
- Hellmuth & Johnson Names Polomis, Keena, and Davis as Partners
Thought Leadership
- Is your HOA in Compliance with Fair Housing Laws?
- H&J HOA Spring Webinar
- Who Pays for Repairs When Ice Dams Cause Damage to a Unit?
- WEBINAR REPLAY: Legal Issues for Real Estate Agents
- COVID-19: Can Your Homeowner Association Conduct Virtual Board and Member Meetings?
- Can a Director Take a Leave of Absence from the Board of Directors?
- Homeowner Association Management Agreements: The Top Ten Issues
- WEBINAR REPLAY: H&J HOA Fall Webinar
- Collection Amidst COVID
- ALERT: Minnesota Housing Announces Launch of COVID-19 Housing Assistance Program
- Did you know that Owner Bankruptcy Filings Do Not Discharge Association Assessments or Pre-Petition Liens?
- Is Association Living Right for You?
- ALERT: City of Edina Expands Mask Order to Multi-Family Residential Properties
- COVID-19, Chapter 3: Re-opening Amenities of an Association
- Subleasing and Assignment Provisions in Commercial Leases
- WEBINAR REPLAY: H&J HOA Spring Seminar
- COVID-19, Chapter 2: Re-opening Amenities of an Association
- Change in Law Authorizing New Procedures for Amending Governing Documents
- On-Demand Webinar – COVID-19 and HOAs: How to Operate During the Pandemic
- Political Signs and Candidate Visits – Be Aware of the Law
- What Community Associations Need to Know about Operating During the COVID-19 Crisis
- Client Alert: HUD Issues Guidance on Assistance Animals
- No increase in dues this year? Don’t pop the champagne corks yet!
- It’s Budget Season! Revisiting a Board’s Fiduciary Duties to the Association
- When Did I Sign Up for this Association?
- Top 10 Do’s & Don’ts of Drafting Community Association Rules and Regulations
- January 1 Deadline for Preventative Maintenance Plans, Schedules and Budgets
- Pointers for Using Volunteers In and Around Your Association
- A Primer on Housing Cooperatives
- Rules for Flying the U.S. Flag
- Newly Elected to Your HOA Board? First Step: Understand Your Governing Documents
- Your Questions Answered: Dispelling Myths & Misconceptions About Association Board of Directors
- Super Bowl LII: An Update on Short-Term Rentals
- Protect your association from embezzlement losses—and how to deal with the aftermath
- What You Should Be Doing with Your Replacement Reserves
- Being “Neighborly” Isn’t Just a Good Idea – It’s the Law
- Crossing the line? Obtaining Building Permits for Decks in CIC’s
- Resolving Disputes Regarding Value of the Loss through the Appraisal Process
- New Requirements Under MCIOA: Preventative Maintenance Plans and Construction Defect Claims
- Criminal records and fair housing
- Cooperatives Q & A
- I Am the King (Or Queen) of My Castle!
- Selecting and Negotiating with Vendors
- Political Signs and Candidate Visits – Be Aware of the Law
- Community association directors beware! Practical and legal issues regarding director compensation
- Cooperatives and fair housing
- Dealing with pets in a community association: Man’s best friend or an association’s worst enemy?
- Are we reserving enough?
- Record Keeping for Repairs
- What is a community association?
- Tis the Season – Winter Weather Damage and Repairs
- Opting in to MCIOA: What to consider, how to plan and how to execute the plan
- Can our Community Association change the size of its Board of Directors?
- Community Associations Beware
- Dealing with Difficult Homeowners: Can’t We All Just Get Along?
- Running your association like a successful business
- Maintaining a handle on your association’s maintenance obligations
- Community Associations – Using tools of technology: A cautionary tale
- Replacement Reserves – FAQs
- Enforcing your association’s governing documents
- Understanding and interpreting your association’s Governing Documents
- Negotiating with vendors
- Amending your association’s Governing Documents
- Leasing within Community Associations
- 2011 Community Association Legislative Update
- Changes to FHA financing approval requirements
- Unity in the community
- Aging in place in Community Associations
- New Fannie Mae and Hud Lending rules – Learn how your association is affected
- Community Association Rules and Regulations
- Comfort animals: What are they and how should associations deal with them?
- Rules and regulations – adopt and enforce, as a rule
- Board Communications – An Update
- The pitfalls of high-tech communications
- Board members have privileges… and responsibilities
- The Minnesota Common Interest Ownership Act: A positive effect for Minnesota Community Associations
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