– 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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An issue that sometimes arises in a condominium, townhome, or homeowners’ association is changing the number of members that serve on the board of directors. The board must first determine whether the association is required to have a particular number of directors on the board. The association’s Bylaws or Articles...
Are you certified to work on residential property containing lead paint? Are your subcontractors? If not, any work you perform on such properties built before 1978 could subject you to five-digit fines. Is lead paint really that big of a deal? In 1991, the Secretary of the Department of Health...
After a three-week trial and five years of litigation, the “[m]ost important trial in sports history”[1] — O’Bannon v. National Collegiate Athletic Association[2] — concluded lastmonth, culminating in what some have said is the most important victory in the history of college sports. As important as the ruling is, however,...
It may be hard to believe, but Labor Day and the end of the summer is just days away. This makes it an ideal time to start your year-end planning. While year-end planning may mean something different to each of us, here are some items to consider. Tax planning Remaining...
Are you certified to work on residential property containing lead paint? Are your subcontractors? If not, any work you perform on such properties built before 1978 could subject you to five-digit fines. Lead Paint is a Big Deal In 1991, the Secretary of the Department of Health and Human Services...
No doubt all eyes of the sports world are on the O’Bannon v. National Collegiate AthleticAssociation trial, which is currently taking place in Oakland, California.[1] SB Nation called the trial “the biggest trial in the history of college sports” and Sports Illustrated implied that it could be the “most important...
Whether a contractor enters into a direct agreement with a customer or is acting as a subcontractor and is required to sign a subcontractor agreement, the document will most likely contain a dispute resolution clause. The clause might simply state where disputes will be heard (i.e. “all disputes and claims...
If you’ve entered into a contract with a customer, chances are good that you’ve approved via your signature some sort of dispute resolution-maybe you agreed that disputes will be heard at a particular location, or maybe you agreed to a specific form of dispute resolution. Did you realize that? Parties...
In the absence of a tornado, flood, hurricane, earthquake, tsunami, or other “Act of God,” and without a specific contract provision on point, the contractor bears the risk of delays and additional costs associated with adverse weather. Even in the unlikely event of an Act of God, the contractor will...
Community Associations Beware: Minnesota law requires replacement cost insurance rather than actual cash value coverage Recently, one of our clients informed us that certain insurers were selling and providing actual cash value policies to Minnesota community associations; the client questioned whether such policies complied with Minnesota law. Minnesota law requires...