– Legal Insights –
If you’re considering filing a lawsuit in Minnesota, a critical question to ask is whether you can recover attorney’s fees as part of your case. The answer largely depends on the type of claim you bring, the agreements between parties, and specific Minnesota laws. Let’s explore when attorney’s fees might...
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In my experience as counsel for landlords in eviction situations, I’ve found that no single set of issues is as vexing to me and to my clients as those which arise when a tenant leaves behind personal property following their departure. Minnesota law is notoriously pro-tenant in this area, requiring...
Whether you are a brand new board member serving for the first time or a seasoned veteran or property manager, you need to understand one very simple but vital concept about your community association – it is a business and needs to be run like one. It is no mistake...
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Cigna companies–Life Insurance Company of North America, Connecticut General Life Insurance Company, and Cigna Health and Life Insurance Company–recently entered into a Regulatory Settlement Agreement requiring Cigna to change its claims handling practices, reassess prior denied claims, pay certain fines, and be subject to future monitoring. Cigna agreed to the...
It’s common in Minnesota for a general contractor to have a clause in its subcontract which forces a subcontractor to indemnify the general contractor for all personal injury or property damage claims without regard to whether the subcontractor is at fault in causing the injury or damage. Recently, the Minnesota...
As we approach spring and look forward to the annual spring walk-through and start planning maintenance, repair and replacement projects for the coming year, boards and managers should take a step back and ask themselves one simple but important question: Which maintenance obligations belong to the association and which are...
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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...
The following information was reviewed and confirmed to be current as of December 2020. By now, most people involved in the operation of common interest communities in Minnesota have heard that the statutory requirements for replacement reserves have been amended and that the new amendments become effective starting with the...
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...