Impact Of 2017 MCIOA Modifications On Existing Common Interest Communities
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.
Class Action Alert: Warped and Melted Vinyl Siding
Benson, Kerrane, Storz & Nelson is investigating class action lawsuits on behalf of consumers who have been affected by warped, melted or otherwise defective vinyl siding. If you have damaged vinyl siding or if you’ve had a warranty claim denied by the manufacturer, we’d like to hear from you.
Minnesota Court of Appeals: An HOA’s failure to quickly stop a leak is both negligent and a trespass
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.