Attorney Alex Nelson interviewed on Gene Sullivan’s “Where you Live”
Gene interviews BKSN attorney Alex Nelson about numerous construction defect litigation issues impacting HOAs, including statutes of limitation and repose.
Protecting the HOA in Spite of Itself: Shareholder Derivative Actions
Unfortunately, construction defects are far from uncommon in townhome, condominium, and other common interest communities. When faced with defects, the typical response of an HOA Board of Directors is to retain legal counsel and pursue the developer, contractor(s), and/or design professionals, ultimately putting the financial burden of the needed repairs on those who caused the construction defects in the first place. What happens though when an HOA Board of Directors is unwilling to take legal action?
An Overview of Minnesota Statutes of Limitation and Repose in Construction Defect Lawsuits
The Statutes of Limitation and Repose outline the time-frames within which a construction defect action must be brought. A claim not filed or properly asserted within the applicable time period is considered “time barred’, or “stale”, and is subject to dismissal in its entirety.