HOA LAWS AND REGULATIONS

Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, condominiums, cooperatives, and residential properties in the state of Minnesota.
Minnesota Collection Agencies Act, Minn. Stat. §§ 332.37. The Act regulates debt collection practices at the state level and is very similar to the Fair Debt Collection Practices Act (FDCPA). The Act prohibits third party debt collectors from engaging in certain improper practices, and from "violat[ing] any of the provisions of the Fair Debt Collection Practices Act of 1977 while attempting to collect on any account, bill or other indebtedness." Minn. Stat. §§ 332.37(12).

Minnesota Human Rights Act, Minn. Stat. §§363A.001 through 363A.41. This law protects Minnesotans from discrimination based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status. The Act provides state-level protections similar to the federal Fair Housing Act (FHA). The Minnesota Human Rights Act is administered by the Minnesota Department of Human Rights.

Prohibited Restrictions, Minn. Stat. § 507.18. Under the law, “[n]o written instrument hereafter made, relating to or affecting real estate, shall contain any provision against conveying, mortgaging, encumbering, or leasing any real estate to any person of a specified religious faith, creed, national origin, race, or color, nor shall any such written instrument contain any provision of any kind or character discriminating against any class of persons because of their religious faith, creed, national origin, race, or color.”
Minnesota Condominium Act, Minn. Stat. §§ 515.01 through 515.29. The Act governs the formation, management, powers, and operation of condominium associations that elect to be governed by the Act in the declaration.
Minnesota Uniform Condominium Act, Minn. Stat. §§ 515A.1-101 through 515A.4-117. The Act applies to all condominium associations created within Minnesota after August 1, 1980.
Minnesota Common Interest Ownership Act, Minn. Stat. §§ 515B.1-101 through 515B.4-118. The Act governs the formation, management, powers, and operation of all common interest communities created within this state on and after June 1, 1994.
Minnesota Nonprofit Corporation Act, Minn. Stat. §§ 317A.001 through 317A.909. The Act governs nonprofit corporations with regard to corporate structure and procedure. If an association is organized as a nonprofit corporation, as is the case with most Minnesota associations, it will be governed by the Minnesota Nonprofit Corporation Act.
Limits On Certain Residential Property Rights Prohibited; Flag Display, Minn. Stat. § 500.215. The law voids any provision of any deed restriction, subdivision regulation, restrictive covenant, local ordinance, contract, rental agreement or regulation, or homeowners association document that limits the right of an owner or tenant of residential property to display the flag of the United States and the flag of the State of Minnesota. However, the law provides that an association may limit the size, installation, and display in which the flag is displayed.

SOLAR RIGHTS

Official Controls; Zoning Ordinance, Minn. Stat. § 462.357. The statute authorizes the regulation of access to direct sunlight for solar energy systems by municipalities and allows for variances based on inadequate access to direct sunlight.
Solar Or Wind Easements, Minn. Stat. § 500.30. The statute allows any landowner the right to obtain a solar easement to ensure adequate exposure of a solar energy system.
Comprehensive Plan Content, Minn. Stat. § 473.859. The statute provides that a land use plan must contain an element, as appropriate, for protection and development of access to direct sunlight for solar energy systems.
Related Solar Energy Statutes. List of all Minnesota solar energy statutes.
Minnesota Department of Commerce - The department provides information and resources related to solar energy.
U.S. Department of Energy - Minnesota

GOVERNMENT AGENCIES & RESOURCES

U.S. Department of Housing and Urban Development - (HUD) - The agency is responsible for enforcing the federal Fair Housing Act (FHA), which as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability. The Minnesota Department of Human Rights., is responsible for enforcing the state’s civil rights laws for the people of Minnesota, including the Minnesota Human Rights Act.
Recommended Reading:
United States Department of Justice Civil Rights Division - The agency enforces civil rights laws, including the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against disabled persons in employment, transportation, public accommodations, communications, and access to government programs and services.
- Frequently Asked Questions about Service Animals and the ADA - A guide on the ADA's service animal provisions.
- ADA Revised Requirements: Service Animals - This publication clarifies and refines issues and contains new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Federal Trade Commission (FTC) - This is the primary federal agency responsible for enforcing the Federal Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair or deceptive practices when attempting to collect a debt.
Consumer Financial Protection Bureau (CFPB) – The agency enforces federal consumer financial laws, including the FDCPA and The Servicemembers Civil Relief Act (SCRA).
Minnesota Government Portal - Search for government information by topic and agency.
Minnesota Attorney General - The office of the attorney general plays an important role in protecting the state's citizens.
- Housing
- Condominiums And Townhouse Associations
Minnesota Secretary of State - Information on elections, businesses, licensing, and securities.

HOA CONTACT INFORMATION AND DOCUMENTS

HOA Directory - Homeowners can enter the name of the community or subdivision to find the association’s contact information, list of board members, and corporation documents, such as the association’s articles of incorporation.
HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

LEGAL RESOURCES

Minnesota State Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.
Minnesota Judicial Branch - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.
Minnesota Legal Aid - The office offers legal aid to people with low income, disabilities and seniors.
Minnesota Legislature - Search your state representative and the legislation (or, "statutory law") database.

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.

Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.

Minnesota HOA Laws and Resources