2008-11-12

"COMFORT ANIMALS": WHAT ARE THEY AND HOW SHOULD ASSOCIATIONS DEAL WITH THEM?

The Federal Fair Housing Act (FHA) and the Minnesota Human Rights Act (MHRA) prohibit discrimination against some protected classes, such as disabled individuals.   Normally, a residential housing provider is required to make reasonable accommodations in its policies, procedures and practices to afford a disabled individual with an equal opportunity to use and enjoy a dwelling.  These acts have been held to apply to community associations.

In the context of pet and animal restrictions,...
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2008-11-12

BOARD COMMUNICATIONS – AN UPDATE

In a previous article, we discussed use of electronic communications to conduct business of associations governed by Minnesota Statutes Chapter 515B, the Minnesota Common Interest Ownership Act (MCIOA).  (See our Spring 2008 newsletter.)  As that article indicated, boards acting on behalf of associations governed by MCIOA are required to have open board meetings except when the discussion involves certain sensitive matters (as enumerated in MCIOA). 

Not all associations, of course, are...
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2008-09-25

NOVEMBER 22 ASSOCIATION LAW SEMINAR TO FOCUS ON COMMUNICATIONS, PRIVACY ISSUES

Communications and Privacy Issues touch every aspect of association operations. Join us to discuss concerns involving attorney/client privilege, best practices for both official and unofficial communications between board, property managers and association members, and how to best balance the "need to know" and the need for privacy and discretion.

This two-hour session will feature an in-depth panel discussion and QA.  We invite attendees to pose their questions to us prior to the program; we will...
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2008-07-10

FORECLOSURE'S EFFECT ON MASTER INSURANCE

Nearly every association is well aware of the impact mortgage foreclosures are having on the association's cash flow.  Mortgage foreclosures and vacant properties can also have a less obvious -- but potentially more catastrophic -- impact on the association's insurance coverage.

Most master policies purchased by associations have provisions that require maintaining heat in each home, and an exclusion from coverage where damage is the result of a failure to maintain heat in the home. With...
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2008-07-08

THE PITFALLS OF HIGH-TECH COMMUNICATIONS

Over the last decade, the use of e-mail communications has increased dramatically.  Today, association board members frequently use e-mail to communicate with each other, the association's manager, attorney and vendors.  Sometimes, board members' discussion on a topic essentially takes place via an exchange of e-mails, and, when a topic comes up at the next meeting, the matter has already been all but decided.  For associations governed by the Minnesota Common Interest Ownership Act (MCIOA), such...
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2008-07-03

LEGISLATIVE UPDATE

During the last legislative session, the Minnesota legislature passed several bills affecting community associations.  This article contains a summary of the major legislative changes affecting community associations.  Complete copies of any of the bills mentioned here can be found at the website for the Minnesota Office of the Revisor of Statutes: www.revisor.leg.state.mn.us. 

Foreclosure Amendments

During this past session, the Minnesota legislature has reviewed many of...
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2008-05-18

MORTAGE INDUSTRY MELTDOWN AFFECTS COLLECTION OF ASSOCIATION FEES

Recent newspaper headlines throughout the country have made it clear that the mortgage industry is in trouble and that the real estate market is in severe decline.  As a result, mortgage foreclosures are on the rise due to declining economic conditions. 

Many of our community association clients have asked: “What is the effect of these mortgage foreclosures on our ability to collect assessments?”

Unfortunately, community associations can become unintended victims of mortgage...
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2008-03-16

MORTGAGE INDUSTRY MELTDOWN AFFECTS COLLECTION OF ASSOCIATION FEES

Recent newspaper headlines throughout the country have made it clear that the mortgage industry is in trouble and that the real estate market is in severe decline.  As a result, mortgage foreclosures are on the rise due to declining economic conditions. 

Many of our community association clients have asked: "What is the effect of these mortgage foreclosures on our ability to collect assessments?"

Unfortunately, community associations can become unintended victims of mortgage...
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2008-03-15

FCC PROHIBITS EXCLUSIVITY CLAUSES

The Federal Communications Commission ("FCC") recently banned the use of exclusivity clauses for the provision of video services to multiple dwelling units ("MDUs") or other real estate developments.  The ban applies to apartment buildings, condominium buildings, cooperatives, and other centrally managed residential real estate developments, including gated communities and townhouse associations.  The central purpose of the rule is to foster consumer choice and competition among cable...
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2008-03-06

SUPREME COURT REVISES PROCESS FOR MAKING OFFERS OF JUDGMENT

On February 29, 2008, the Minnesota Supreme Court completely revised and rewrote Rule 68 of the Minnesota Rules of Civil Procedure.  The changes go into effect on July 1, 2008 for all actions pending on or commenced after that date. Rule 68 deals with Offers of Judgment, an important tool in settlement of cases.  Generally, in making an offer of judgment, one party offers to take judgment or allow judgment to be taken for a specified amount.  Making an offer of judgment can result in the...
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