by Joel A. Hilgendorf, Hellmuth & Johnson, PLLC

As condominium owners can attest, the recent economy has not helped the value and marketability of condominiums. Fannie Mae has now implemented new guidelines that can make it yet more difficult to sell condominiums. The Department of Housing and Urban Development ("HUD") has adopted similar new temporary regulations that went into effect on December 7, 2009 and remain effective until December 31. 2010. More restrictive permanent re

By Phaedra J. Howard

As the numbers of foreclosures continue to rise, Associations are experiencing an increase in the number of bank-owned properties and the myriad of issues that result from this once unique situation.

One issue that arises when a bank or mortgage company takes over ownership of an association property is that the association now has an absentee owner. The property itself may or may not be vacant, depending on whether the prior owner has moved out or been evicted, but the ac

By Jack K. Bouquet, Esq.

A recent headline set the tone of the conflict between community associations and municipalities seeking alternative forms of energy for use by their residents. The headline read "Woodbury Homeowner Associations an Obstacle to City's Hopes for Alternative Energy: Associations Opposing Renewable-Energy Options Cite Aesthetics."

The issue arose when the city of Woodbury notified its residents that an ordinance was being studied that contained a provision

By 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

Nancy T. Polomis, Esq.

Another legislative session has come to a close. Although overshadowed by budget disputes, budget cuts and unallotments, there were a few changes to laws affecting foreclosure of mortgage and association liens and vacant properties. Most changes affect the mechanics of the foreclosure procedures, but a few changes were clearly aimed at addressing the growing number of foreclosures and the problems related to vacant properties.

Homeowners May Now Postpone Sherif

The Federal Fair Housing Act (FHA) and the Minnesota Human Rights Act (MHRA) prohibit discrimination against some protected classes, such as disabled individuals. Normally, a residential housing provider is required to make reasonable accommodations in its policies, procedures and practices to afford a disabled individual with an equal opportunity to use and enjoy a dwelling. These acts have been held to apply to community associations.

In the context of pet and animal restrictions, an a

In a previous article, we discussed use of electronic communications to conduct business of associations governed by Minnesota Statutes Chapter 515B, the Minnesota Common Interest Ownership Act (MCIOA). (See our Spring 2008 newsletter.) As that article indicated, boards acting on behalf of associations governed by MCIOA are required to have open board meetings except when the discussion involves certain sensitive matters (as enumerated in MCIOA).

Not all associations, of course, are gove

Communications and Privacy Issues touch every aspect of association operations. Join us to discuss concerns involving attorney/client privilege, best practices for both official and unofficial communications between board, property managers and association members, and how to best balance the "need to know" and the need for privacy and discretion.

This two-hour session will feature an in-depth panel discussion and QA. We invite attendees to pose their questions to us prior to the program; w

Nearly every association is well aware of the impact mortgage foreclosures are having on the association's cash flow. Mortgage foreclosures and vacant properties can also have a less obvious -- but potentially more catastrophic -- impact on the association's insurance coverage.

Most master policies purchased by associations have provisions that require maintaining heat in each home, and an exclusion from coverage where damage is the result of a failure to maintain heat in the home. With the

Over the last decade, the use of e-mail communications has increased dramatically. Today, association board members frequently use e-mail to communicate with each other, the association's manager, attorney and vendors. Sometimes, board members' discussion on a topic essentially takes place via an exchange of e-mails, and, when a topic comes up at the next meeting, the matter has already been all but decided. For associations governed by the Minnesota Common Interest Ownership Act (MCIOA), suc