There is a huge question some ask about homeowner associations: are they evil or are they angels? This question typically stems from those who have had poor experiences with these associations and condominium and townhouse associations are no exception.
But the truth is that not all are bad. In fact, four out of five of these associations do well. Over 24 million homes are governed by homeowner associations and many of the homeowners are happy. Nonetheless, there are problems that can come about and that is why there are laws.
It is because the laws can be misconstrued or easily violated that we are are going to talk about condominium and townhouse association law. Admittedly, these laws can be quite tricky little beasts in Minnesota. In some respects, these associations are non-profit corporations, which would make them seem exempt from some things, but they’re not.
Condominium and townhouse associations are created when the Minnesota Secretary of State receives non-profit articles of incorporations. Your Minneapolis real estate lawyer can help with the completion and filing of this paperwork.
Some Of the Legalities Of Condo & Townhouse Law
There are certain contractual arrangements that govern condo and townhome associations. For instance, it is a must to prepare and record a “Declaration” with the County Recorder. This document sets out provisions as to guidelines for review of home plans and architecture, due assessments to residents maintaining common areas, home improvements, landscaping, and fences. In other words, this document has everything within it.
It is important that this document is drawn up correctly and as thoroughly as possible because one of the most common reasons for litigation within these associations has to do with how much power the association board has.
Nonetheless, it comes down to the hierarchy of governing authority in the U.S. You have Federal laws, state laws, municipal ordinances and codes, city and county laws, and then homeowner associations that must adhere to all of the above. For instance, the municipality may have strict zoning laws. The association may tighten themselves against local laws, making themselves stricter than any of those governing them.
However, there are some limits as to what a board can do. For instance, a condominium and townhouse association representative may not be able to enter anyone’s property and demand that they clean up the interior of their home. They can enforce the aesthetics of the exterior and landscaping, but not the interior.
Legal Advice You Can Trust
Condominium and townhouse associations can be complicated, but having legal assistance in the drafting of documents and when you have questions can make a significant difference in the operation of the association. At the Krogh Law Firm, P.A., you will work with an attorney with 17 years of experience and over 10 years of certification as a real property specialist. You get that one-on-one attention that you need when you need it.
Contact A Minneapolis Real Estate Lawyer
Real estate matters can be complicated. Real estate is the cornerstone on which the Krogh Law Firm was built. Whether you are a building contractor, homebuyer, or a real estate lender, you have an experienced real estate attorney ready to work with you and for you. You can receive assistance with everything from condo associations and homeowner associations to title defects, Contracts for Deeds, and development agreements. To learn more, call the Krogh Law Firm, P.A. at 651-631-0500 to schedule a free consultation.