Attorney Spotlight: Nancy Polomis
In what area of law do you practice and why did you choose this? I practice in the homeowners association group. To be honest, I kind of fell into the area. Getting my first job as a lawyer was conditioned on my employer landing a national builder. After that builder retained the firm, I was […]
Proxy, Proxy, Who Needs a Proxy? A Primer on the Use of Proxies in Associations
Recently, I had a conversation with the president of an association about an upcoming Board meeting that was expected to be contentious. The president casually mentioned that one director would be traveling internationally for work and would not be able to attend the meeting—”but it’s OK, we have her proxy.” Cue the sound of tires […]
Dine In, Take Out: Can Board Members Socialize?
Over the past week, I have had several association presidents contact me to ask if it is permissible for directors to socialize outside of Board meetings. On one case, the president and two new directors have been close friends for over a decade, and meet for lunch monthly. In another, the Board wanted to host […]
The Champlain Towers Collapse Aftermath: Fannie Mae and Freddie Mac Announce New Lender Requirements for Condominium and Cooperative Projects
In the early morning hours of June 24, 2021, the now infamous Champlain Towers South condominium in Surfside, FL, collapsed, killing 98 people. Investigations revealed construction defects, long-term water infiltration and years of deferred maintenance. The natural question in the aftermath of such a tragedy is, “What can we do to prevent such a tragedy […]
St. Paul Adopts Smoking Policy Disclosure Requirement for Common Interest Communities
In January 2021, the St. Paul City Council adopted a new ordinance requiring sellers of homes located in common interest communities to disclose the smoking policy in place in the seller’s community. The disclosure requirement takes effect January 1, 2022. Under the ordinance, all sellers of a unit or units within a CIC[1] are required […]
Tips from Your HOA: How to Choose a Vendor for Your Maintenance Projects
For the most part, the idea of actual “maintenance free living” in a homeowners association is just that – an idea. In reality, people living in associations still have some maintenance responsibilities. When it comes time to perform maintenance on your home, here are some tips from the association’s perspective to keep in mind: Does […]
What Records Must the Association Keep? For How Long?
The snow has finally melted. Flower beds are exploding with color. The sunny days aren’t quite so rare. The next item on your to-do list is “Clean boxes out of garage.” You take a deep breath and open the first box: association records. The second box: association records. Third box…Ugh!! Do you really have to […]
Short-Term Rental Restrictions Gaining Popularity in Minnesota
Over the past few years, short-term rentals – often vacation rentals through sites like Airbnb.com, vrbo.com, and HomeAway.com – have become extremely popular. For the short-term tenants, it’s an easy way to get lovely accommodations, generally in less-commercially-focused areas of a town or city. For the short-term landlord, it’s another “side hustle” that has become […]
St. Paul’s New “S.A.F.E.” Housing Ordinance Takes Effect March 1, 2021
UPDATE: Chapter 193 of the St. Paul Legislative Code was repealed in June 2021 On Monday, March 1, 2021, several new provisions intended to promote stable, accessible, fair and equitable (“SAFE”) housing policies in the City of St. Paul will take effect. The policies, set forth in Chapter 193 of the St. Paul Legislative Code, […]
Can a Director Take a Leave of Absence from the Board of Directors?
Recently, the president of an association asked me how her association’s Board of Directors should deal with quorum and voting when there are five directors and two are on a leave of absence from the Board for a couple months. I try not to interrupt my clients when they are speaking (with only modest success, […]