Many Boards and property managers are familiar with the Minnesota Common Interest Ownership Act, Minn. Stat. § 515B (“MCIOA”). MCIOA is the main statute that governs and regulates most, but not all, common-interest-communities (“CICs”) in Minnesota. While MCIOA is important, there are a handful of other statutes which Boards and managers will likely run across.
The Fair Housing Act (“FHA”) and the Minnesota Human Rights Act (“MHRA”)
Both the FHA and the MHRA generally prohibit CICs from discriminating against its members or tenants who reside within the community. The most common situation in which the FHA or MHRA arise in when a homeowner requests an accommodation—either a change in the actual building or a modification to a rule.
Over-the-Air Reception Devices (“OTARD”)
The Federal Communications Commission (the “FCC”) has developed several rules regulating and allow Over-the-Air Reception Devices (“OTARD”). These rules specifically state that an owner or tenant may install antenna on the property owned by that homeowner. These provisions can override a CICs ability to prohibit or otherwise regulate certain situations.
The Minnesota Non-Profit Corporation Act (“Non-Profit Act”)
The Non-Profit Act is a general statute the governs the actions of any non-profit corporation in Minnesota. Because all common-interest-communities in Minnesota are non-profit corporations, they are usually subject to and governed by the Non-Profit Act. If a CIC cannot find the answer to a governance question in its Governing Documents or MCIOA, the Non-Profit Act may hold the answer.
Minnesota Flag Regulation
Minn. Stat. § 500.215 prohibits CICs from prohibiting American or Minnesota flags being flow. The statute does allow CICs to regulate certain aspects of the flags, but it may not outright prohibit them.
Application and review of these state and federal laws will be very fact and CIC specific. If you have any questions or concerns about your association, contact us today!
-Finn Jacobsen, Partner @ Smith Jadin Johnson, PLLC