– Legal Insights –
In this series of articles, we are analyzing the various changes that the affected associations will need to make to their policies, procedures, and, potentially, their governing documents by January 1, 2027, to comply with the new requirements of the Minnesota Common Interest Ownership Act (“MCIOA”) adopted in SF 1750....
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Wine lovers know that the term decant means to pour wine from one container into another to open up the aromas and flavors of the wine. In the world of irrevocable trusts, decanting refers to the transfer of some or all of the accounts and property owned by an existing...
As the weather gets warmer, pools open, children get out of school for the summer and people spend more time outdoors and engaging in recreational activities. Associations want to make sure that everyone is safe and has access to common area amenities, but too often we see rules adopted by...
The U.S. Supreme Court’s June 26 decision in Loper Bright Enterprises has significant ramifications for administrative law, specifically by overturning the Chevron-deference doctrine. Chevron deference, established by the 1984 case of the same name, directed courts to defer to agency interpretations of ambiguous statutes that the agency administers—as long as...
The 2023 Session of the Minnesota legislature was filled with partisanship and politics. Several bills directly affecting homeowners associations were introduced in the last legislative session. As is typical for any legislative session, only a few of those bills became law. Restrictions on In-Home Daycare Facilities Tucked into the massive,...
You have to be living under a rock not to know at least something about what is happening with insurance these days. With rising premiums and other related issues, many associations are stuck between a rock and a hard place. They can’t afford to buy insurance but cannot afford not...
Karl Tsuchiya, an Estate Planning attorney at Hellmuth & Johnson, appeared on the Realtor of the Week podcast to discuss tips for how to manage and protect your real estate investments. Karl and Host Mike Wright cover several topics, including protecting your investments with revokable trusts, LLCs, and umbrella insurance....
Rounding out the major changes to the family law statutes taking effect August 1, 2023 (in addition to changes to spousal maintenance and antenuptial agreements) are changes to parenting time. Family law used to revolve heavily around temporary hearings, but the practice of early neutral evaluations and initial case management...
Not all real estate purchase contracts involve an immediate sale or transfer of ownership. An “option contract” can also be used to hold the property for a purchase within a specified time period.[i] Real Estate options, and the related option fee, come in a wide array of forms. You could...
Building a new home or remodeling your current home is an opportunity to transform your dream home into a reality. But when your contractor makes a mistake, your dream home can quickly turn into a nightmare. When a contractor causes a construction defect, the contractor will often demand to inspect...
On Wednesday, June 5, 2024, Attorney David Hellmuth gave a presentation on Minnesota contract for deed transactions. Many folks are not aware that they can sell their real estate to a buyer using a contract for deed. Many buyers are also not aware of the option of proposing a contract...