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Impact Of 2017 MCIOA Modifications On Existing Common Interest Communities

by Alex Nelson ArticlesMinnesotaHomeowner AssociationsNewsQuestions Answered

For existing communities, the impacts of the 2017 MCIOA revisions are limited but significant.  Associations will need to develop a written maintenance plan, schedule and budget consistent with the MCIOA and governing documents.  The statute leaves plenty of flexibility for associations of different sizes and needs to develop a plan that is appropriate for the characteristics of their communities.  Large, diverse associations may benefit from the assistance of outside vendors to help identify and assess each of the common and limited common elements and to determine the appropriate preventive maintenance schedule and budget.

Minnesota Court of Appeals: An HOA’s failure to quickly stop a leak is both negligent and a trespass

by Alex Nelson MinnesotaConstruction Case Law & StatutesHomeowner Associations

In this recently decided case, a townhome owner had filed suit against his HOA for water damage caused by a pipe leak. The townhome association owned an easement under Mr. Chiu's home, in his crawlspace, for a domestic water pipe that served other units. The pipe ruptured, flooding the crawlspace and causing damage to Chiu's home. Chiu immediately reported the leak to his homeowners association, and was told that there was "nothing they could do". The water continued to flow and cause damage. The water was not turned off until two days after Chiu's notification to the HOA. Chiu sued the HOA not in breach of contract (as would be typical, pursuant to the Declaration), but rather in negligence and trespass. The Minnesota Court of Appeals allowed both legal theories to stand.

A Construction Lawyer’s Five Tips for Potential Purchasers Looking to Buy a New Home

by Duncan Griffiths ColoradoHomeowner AssociationsMinnesotaHomeowner Associations

Purchasing a home is often the largest investment any person will make in their life. Yet, the majority of Americans do more research when buying a car than they do when purchasing a home. Most potential purchasers enter into binding agreements to buy houses with very little understanding about the terms of the sales agreement, the property they are purchasing or the company they are doing business with. Below are five things that every potential purchaser should consider before signing a contract to buy a new home, condominium, or townhome.