HOA Legal Updates Seminar Fall 2023

The Hellmuth & Johnson HOA practice group will deliver our annual fall Seminar on November 4th at 9:00 am. Topics for this webinar include information about: MCIOA Updates Cannabis FAQs Insurance FAQs Presenters included: Joel Hilgendorf Phaedra Howard Nancy Polomis Amy Byrne This course IS NOT for Real Estate CE credit. CLICK HERE TO ATTEND […]

Attorney Spotlight: Joel Hilgendorf

In what area of law do you practice and why did you choose this? I serve clients who have real estate related legal issues. Some of the most important issues clients face can involve the ownership or use of real estate. My practice offers clients a trusted partner who can both prevent and solve these […]

ALERT: City of Edina Expands Mask Order to Multi-Family Residential Properties

Effective July 9, 2020, the City of Edina expanded its Emergency Declaration requiring the wearing of masks in certain public places to require that residents and guests of multi-family housing buildings must wear masks when in common spaces. This order applies to multi-family residential properties located within Edina, including common interest communities. Owners or managers […]

Change in Law Authorizing New Procedures for Amending Governing Documents

On May 13, 2020, the Minnesota legislature unanimously voted to amend Minn. Stat. 515B.2-118 to authorize new procedures that communities can use when amending governing documents. Specifically, (1) an association can obtain ‘deemed’ approval to amendments from owners who do not vote or do not respond to a request for consent, and (2) where approval […]

Are we reserving enough?

Many community associations struggle with how much money to reserve for the future replacement of components. An association establishes an annual budget using the estimated expenses required to operate over the coming year.  If the association is responsible to replace a component, e.g., roofs, siding, etc., then a replacement reserve account sets aside money to […]

Can our Community Association change the size of its Board of Directors?

An issue that sometimes arises in a condominium, townhome, or homeowners’ association is changing the number of members that serve on the board of directors.  The board must first determine whether the association is required to have a particular number of directors on the board.  The association’s Bylaws or Articles of Incorporation will often establish […]

Leasing within Community Associations

While teaching a recent class to Boards of Directors of various community associations, many questions were raised regarding leasing within communities and the ability of associations to regulate and/or restrict rentals.  These are issues that many communities return to again and again.  It was suggested that it would helpful for many communities to have some […]

Landlord/Tenant statute changes

Recently there have been some significant changes to the Landlord/Tenant statute that was enacted at the end of May. As a courtesy to our clients and friends of the firm, we wanted to be sure you knew about these. Below are some of the highlights. Retaining abandoned personal property(504B.271). For years, Landlords have had to […]

New Fannie Mae and Hud Lending rules – Learn how your association is affected

As condominium owners can attest, the recent economy has not helped the value and marketability of condominiums. Fannie Mae has now implemented new guidelines that can make it yet more difficult to sell condominiums. The Department of Housing and Urban Development (“HUD”) has adopted similar new temporary regulations that went into effect on December 7, […]

Rules and regulations – adopt and enforce, as a rule

Associations often under-utilize Rules and Regulations. Rules and Regulations are specific guidelines and policies relating to the day to day operation of an Association. Unlike other Association governing documents, Rules are generally easy to adopt and modify because they are typically adopted and amended by the board of directors without member input or approval. Home […]