2007-09-14 RULES AND REGULATIONS - ADOPT AND ENFORCE, AS A RULEAssociations 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 owner involvement is not typically required to modify or amend the Rules and Regulations. Under-utilizing Rules and...
2007-06-26 SEND THE KIDS PACKING: ALLOWABLE AGE RESTRICTIONS FOR COMMUNITY ASSOCIATIONSKids are great -- especially your own. But what if you "did your time"? Your kids are grown, and you're ready to start a new chapter in your life -- without worrying about skateboards and bikes littering the lawn and music thumping and blaring at all hours. In other words, is there a legal way a community association can "outlaw" kids? In a word, yes. But it's not necessarily easy. The Fair Housing Act In general, under the federal Fair Housing Act, it...
2006-09-13 FREE TO FLY THE AMERICAN FLAG"Americans have long flown our flag as an expression of their appreciation for our freedoms and their pride in our nation. As our brave men and women continue to fight to protect our country overseas, Congress has passed an important measure to protect our citizens right to express their patriotism here at home without burdensome restrictions." President Bush in a statement regarding HR 42 The Freedom to Display the American Flag Act of 2005 (HR 42), signed into law by President...
2006-09-10 CAN YOUR ASSOCIATION AFFORD NEEDED CAPITAL IMPROVEMENTS?
The decks are falling apart, the siding needs paint, and the roof is due to be replaced. Does your community association have enough in its reserve fund to pay for these necessary projects? Unfortunately, many associations do not have adequate reserve funds for capital improvements. There are generally three primary solutions to this problem: increase annual assessments, impose a special assessment, and/or finance the project(s) with a bank loan. This article provides legal guidelines...
2005-08-31 SIGNIFICANT DEVELOPMENTS IN COMMUNITY ASSOCIATION LAWMany significant developments have recently occurred in national and Minnesota community association law. This article summarizes these developments for our community association clients and contacts. On April 20, 2005, President Bush signed into law a bankruptcy reform bill - effective October 17, 2005 - with a direct and beneficial effect for community associations. Under the current law, section 523(a)(16) of the United States Bankruptcy Code prevents a community...
2003-02-25 WHAT DO YOUR ASSOCIATION'S DOCUMENTS SAY ABOUT GLASS?A case decided by the Minnesota Court of Appeals on August 26, 1997 could affect the way community associations deal with glass repair and replacement. In Swanson v. Parkway Estates, the Court of Appeals ruled that a townhouse declaration that requires the homeowners' association to maintain "exterior surfaces" requires the association to maintain sliding glass doors. The Swanson case calls into question how an association’s glass exclusion provisions are to be interpreted, and may thrust new unforeseen...
2003-02-11 Nonprofit Corporation Registration RequirementsLEGISLATIVE ALERT: NONPROFIT CORPORATION REGISTRATION REQUIREMENTS COMMUNITY ASSOCATIONS MUST REGISTER WITH THE MINNESOTA SECRETARY OF STATE, OR ELSE… CAI Spring Conference 1997 Overview of Corporate Status. Incorporated Associations Almost all community associations are nonprofit corporations and subject to governance under Minnesota Statutes Chapter 317A, known as the Minnesota Nonprofit Corporation Act (the “Act”). Unincorporated...
2003-02-01 Summary of MCIOA Opt-in Advantages Opting-in to the Minnesota Common Interest Ownership ActSummary of MCIOA Opt-in Advantages Opting-in to the Minnesota Common Interest Ownership Act The following is a brief outline of the advantages and disadvantages for townhome associations opting-in to the Minnesota Common Interest Ownership Act (“MCIOA”). MCIOA became effective on June 1, 1994, but with respect to townhome developments it applies only to those which were originally constructed on or after that date. Thus, in order to become governed by the statute, the Association...
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