Legal Question in Real Estate Law in Minnesota

We are a homeowners association in Bloomington Minnesota. We want to make a change a section of our declaration. What are the steps we have to take to do that so it is all legal and proper?

Asked on 8/12/15, 8:53 am

2 Answers from Attorneys

David Hellmuth Hellmuth & Johnson, PLLC

Generally, you will need to follow your Declaration's amendment requirements. Typically, the written amendment will need to be approved by a certain percentage of the unit owners and sometimes by mortgage holders, too. Our law firm has assisted numerous associations with the amendment process. We have developed a checklist and appropriate forms to use to accomplish the process. Once owner and mortgagee approval is obtained the Amended Declaration of the Amendment will need to be recorded with the county and circulated to the owners. We can handle the project, if needed. I would not recommend that the owners try to complete the project without hiring counsel to assist the Association. Let me know if you need assistance. [email protected]. 952-941-4005.

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Answered on 8/12/15, 9:08 am
Morgan Kavanaugh Wilkerson & Hegna, PLLP

The basic answer is that Minn. Stat. 515B.2-118 states that the declaration may be amended only by vote or written consent of unit owners of units to which at least 67 percent of the votes in the association are allocated. There may be other requirements on the procedure as outlined in the declaration. You should have an attorney review your Association documents for further guidance to ensure the amendment cannot be challenged later.

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Answered on 8/12/15, 9:39 am

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