– Legal Insights –
For many business owners, their business is one of the most valuable and important things they own. When it is time to sit down and create an estate plan, it is critical that business owners plan for their business just as they would plan for their home or finances. Effective...
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Governing documents that are clear, concise and drafted in accordance with applicable statutes are much easier to enforce than those that are vague, poorly drafted and/or conflict with statutes or other governing documents. The following are some tips for enforcing your association’s governing documents. Enforcement Policy and Procedure. Every community...
According to the old adage, two things in life are inevitable: death and taxes. While there is little one can do to eliminate the pain and finality of the former, Hellmuth & Johnson, PLLC offers you a risk free way to take at least some of the sting out of...
In order to understand your community association and how it operates, you need to first understand and become familiar with its governing documents. Once you understand these documents and the various rights and responsibilities of the association and its members, you will be better able to enforce the governing documents...
Ok, so now that you have assembled your team of professionals that will assist your association in carrying out its various functions and responsibilities, how can you be sure that you are getting what you need from these various vendors? Here are a few tips to keep in mind when...
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One of the more difficult issues courts have to deal with in a dissolution is how to differentiate marital property from non-marital property. Divorcing spouses often feel that they should be allowed to take out of the marriage everything they brought into the marriage. If the asset is clearly identifiable...
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The Minnesota Court of Appeal’s decision in Safety Signs, LLC v. Niles-Wiese Const. Co., Inc., serves as a cautionary tale to any subcontractor or material supplier when a general contractor’s does not pay for work or materials contributed to a public project. The Public Contractors’ Performance and Payment Bond Act...
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Understanding your insurance policies is vital to protecting your business. A recent Minnesota Supreme Court decision changes your rights and responsibilities in a typical commercial general liability (“CGL”) policy. If your business is sued, you should notify your insurer. It may provide an attorney to defend your company in the...
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Whether you know it or not, intellectual property is a part of your business. By taking a thoughtful approach, and making a modest upfront investment, you can limit your exposure to potentially damaging claims against your brand and business AND identify ways to monetize these frequently overlooked intangible assets. Failing...
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In effect since August 1, 2008, Minn. Stat. § 604.18 creates a direct cause of action by an insured against its own insurer if the insurer fails to act in good faith. Although four years have elapsed since its effective date, § 604.18 remains substantially undefined by Minnesota Courts. The...
Why Amend the Governing Documents? Associations considering an amendment to one or more of their governing documents will want to begin with an analysis of the community association’s existing documents, including identifying specific goals for any amended governing documents. If there is nothing to improve, there is nothing to gain....