2009-09-01 COURT OF APPEALS UPHOLDS FCC BAN ON EXCLUSIVE CONTRACTSBy Jennifer C. Toohey, Esq. In October 2007 the Federal Communications Commission ("FCC") banned the use of exclusivity clauses for the provision of cable companies to multiple dwelling units ("MDUs") or other real estate developments. The FCC's ban applies to apartment buildings, condominium buildings, cooperatives, and other centrally managed residential real estate developments, including gated communities and townhouse associations. In 2007 the FCC estimated that 30% of Americans lived in...
2006-10-17 POLITICAL SIGNS AND CANDIDATES' VISITS - BE AWARE OF THE LAWAll homeowners and community associations should be aware of two state statutes affecting a homeowner's ability to place a political sign in his or her yard, and affecting a candidate's ability to enter a community association to campaign. Minnesota Statutes Section 211B.045 states that "In any municipality, whether or not the municipality has an ordinance that regulates the size or number of noncommercial signs, all noncommercial signs of any size may be posted in any number from August 1...
2006-06-01 FEDERAL LAW REQUIRES COMMUNITY ASSOCIATIONS TO DESTROY CONSUMER INFORMATIONLast year, the Federal Trade Commission (FTC) enacted a new federal regulation (the "Rule") governing the proper storage and disposal of certain consumer information. The Rule was issued through the FTC's jurisdiction under the Fair and Accurate Credit Transactions Act (FACTA). The new law requires the destruction of consumer information maintained by any business. The term "business" is very broadly defined, and includes community associations and management companies. Pursuant to the...
2003-06-11 COMMUNITY ASSOCIATION RULES AND REGULATIONSOverview of Rules and Regulations. One of the most important issues facing Minnesota community associations is rules and regulations policy and enforcement. Community associations offer their homeowners a unique and desirable neighborhood in which to live. Homeowners choose a community association based on appearance, lifestyle, amenities and maintenance convenience. By the very nature of community association living, homeowners must abide by and rely upon the association’s rules and...
2003-06-11 Community Associations: Frequently Asked Questions1. What is a Community Association? Community Association is a generic term used to describe residential developments in which each owner is bound to a real estate organization by a set of governing documents that require adherence to a set of rules and payment of assessments. The money collected in assessments is used for the operation of the association. Membership is automatic when a unit is purchased. There are typically three types of Community Associations,...
2003-06-11 Satellite Dish Update: FCC Clarifies Restrictions
The Federal Communications Commission (the “FCC”) recently adopted an Order (FCC 98-273, hereinafter the "Order") further implementing Section 207 of the Telecommunications Act of 1996 to promote consumer choice and competition in the video programming distribution market. The revised over-the-air reception device rule extends the prohibition on restrictions that hinder consumer use of television antennas, small satellite dishes, and wireless cable antennas to include viewers who rent property and...
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...
2003-02-18 Creating Community Association Documents for New DevelopmentsCreating Community Association Documents for New Developments
Creating community association documents for new developments is the most important and lasting impression that a builder/developer will make on a new community. The Minnesota Common Interest Ownership Act (“MCIOA”), Minnesota Statutes Chapter 515B, applies to most Minnesota community associations formed on or after June 1, 1994. MCIOA applies in whole or in part to condominium associations formed prior to June 1, 1994 and...
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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