Welcome to Minnesota's most comprehensive resource
for managers, board members and home owners of
common interest communities, including disputes in
home owner's associations, condominium associations,
townhome associations, community associations and
cooperative associations.
Did you know that there
were 450,000 "common interest" developments in the
United States last year and that more than 50
percent were condominiums and townhomes. This market
is strong, and growing across the nation each year.
In particular, Minnesota has been in the top tier of
states with regard to its enormous growth of common
interest developments.
Most townhome or condominium developments include,
as part of the ownership contract, mandatory
membership in some type of a governing home owner
association. These organizations are governed in
Minnesota by the
Minnesota Common Interest Ownership Act
(MCIOA). These common interest associations have
varying power and authority which are governed by
adopted bylaws. In most cases a Board of Directors
is responsible for maintaining a quality of life for
the enjoyment of all owners. They are also required
to run a fiscally responsible not-for-profit
organization and protect the investment of the
owners. If not properly constructed or administered,
these responsibilities can lead to disputes and
liability for board members and associations alike.
Not surprisingly, as the number of these
developments increases, also on the rise are the
number of legal issues. All too often, townhome and
condominium associations are created haphazardly and
without proper regard for the rapidly evolving laws
relating to that form of real estate ownership. One
such requirement is that nearly all shared and
community associations created as non-profit
corporations require an annual report submitted to
the Minnesota Secretary of State.
We can help to guide you through the myriad of
challenges presented by townhome association
governance including the following:
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Representation of real estate developers and
landlords
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Negotiation of purchase and sale contracts with
home builders and with property sellers
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Rezoning hearings and plat approvals
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Leasing (both landlord and tenant
representation)
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Creating planned communities, including
residential and commercial subdivisions and
condominium and townhome communities
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Restrictive covenants, cross-access and
reciprocal easement agreements
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Homeowners' and property owners' associations
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Condominium
regimes and condominium and townhome
associations
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New urbanism, traditional neighborhood
development and smart growth
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Loan negotiation and documentation
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Business entity formation.
We can
assist you with formation of associations,
duties of board members and associations, and
authority of a condominium board of managers, please
contact us at
(612)
240-8005.