Townhome, condominium, and other homeowner associations are typically part of what is called a common interest community, or CIC. An association may be organized in the form of a profit, nonprofit, or cooperative organization, but CICs are generally controlled by the Minnesota Common Interest Ownership Act (“MCIOA”), Chapter 515B of Minnesota Statutes, and the association’s governing documents.
The Minnesota Common Interest Ownership Act has recently been amended in significant ways. Notably, homeowner associations must give additional notice and obtain majority owner approval requirements before filing a construction defect claim. Parties are also now required to mediate unless they have completed the home warranty dispute resolution.
The statute has also been amended to include new preventative maintenance requirements which are required to be included in the declarant disclosure statements.
Read the article by Kathleen Loucks and Mike Moline which appeared in Minnesota Lawyer.
The article also appeared in the Minnesota Construction Association (MCA) October 2017 Construction Views Newsletter (Page 6).
