Minnesota Nonprofit Corporation Act This legislation oversees nonprofit corporations and sets rules and guidelines on their organizational makeup and procedures. The Minnesota Nonprofit Corporation Act governs the majority of Minnesota HOAs, as most choose to be incorporated as nonprofit corporations.
HOA Governance Structure in Minnesota The board of directors is usually responsible for managing the HOA's day-to-day affairs, making policy decisions, enforcing rules and regulations, and overseeing financial matters. The board members are elected by homeowners and serve terms outlined in the governing documents.
Homeowners often ask whether local laws supersede the rules and regulations set forth by their homeowner association (HOA). The short answer is yes, local laws do supersede HOA rules.
Yes, if the HOA fails to maintain common areas as required by the governing documents, you may have grounds for a lawsuit. Proper maintenance is often a primary duty of the HOA, and failure to uphold this duty can lead to property damage or safety hazards.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
File a Complaint: Report the HOA to the Minnesota Department of Human Rights or the U.S. Department of Housing and Urban Development (HUD). Seek Legal Assistance: Work with an attorney to file a lawsuit against the HOA for discriminatory practices. Learn more about HOA discrimination cases.
While HOAs offer a structured and well-maintained environment, they can be restrictive and costly. On the other hand, POAs provide more flexibility and community involvement but may have fewer amenities and a less uniform appearance.