MINNESOTA: Rethinking MCIOA Resale Disclosure Certificates
As a law firm that works with homeowners’ associations (“HOAs”), we have noticed a trend in disputes relating to resale disclosure certificates and HOA insurance loss assessments. Consider the following ...
RECENT ARTICLES
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The Minnesota Electronic Wills Act
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State of Minnesota Soon to Ban Noncompete Agreements
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Colorado – Marshall Fires: Insurance Claims in Community Associations
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U.S. Court of Appeals Rules that Minnesota Appraisal Panels Must Determine the Cause of Loss
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Smith Jadin Johnson attorneys Tim Johnson and Marcus Zelzer recently won a motion to compel appraisal in Iowa ordering an insurance company ...
Why Matching Coverage Matters in Minnesota
The purpose of a property insurance policy is usually to restore the property to its “pre-loss” condition. In the event ...
Construction Defect Litigation: Mold and Asbestos Issues
Your home is probably the biggest and most exciting investment you will make in your lifetime. To help protect this investment, contractors who do work on your home in Minnesota are required to provide certain services. These include (1) completing the work property; (2) providing certain statutory warranties; (3) building to code; and (4) creating a habitable temperature-controlled environment. Most…
Construction Defect Litigation: Construction Delays
When a declarant, developer, general contractor, or subcontractor works on a property, they are required to do their work correctly. This means following building codes and product manufacturer’s instructions, and using the skill and care one would expect a reasonably prudent builder to use. Errors and resulting damages arising from improper work must be properly repaired. If a builder refuses…
Do You Have Water Intrusions or Mold in Your Newly-Built Home?
You finally accomplished your goal and dream of having your own custom-built home. You worked hard so that you would be financially comfortable taking on a new builder’s mortgage loan. You scouted out properties for the house and even helped design the layout using a software program. Selecting the cabinetry, roofing, carpeting, and paint was exhilarating. Then came move-in day…
PROTECTING YOUR RIGHTS THROUGH MINNESOTA CONSTRUCTION LITIGATION LAWYERS
When you consider your rights as a property owner, they are always at risk. You could try to purchase a new construction home or building or renovate an existing structure from any builder, well-known or obscure, and get less-than-professional results. In this post, we discuss the nature of construction defects and suggest why you might need Minnesota construction litigation lawyers:…
COLORADO: Who’s Going to Pay for This? Common Expenses and Limited Assessments in Common Interest Communities
Two common topics of discussion in condominium and townhome associations are: (1) who is responsible for the maintenance, repair, and ...
“You Can’t Make Me!” Vaccination Considerations for HOA Boards and Common Interest Communities
COVID-19 vaccines are now readily available to any Minnesotan who wishes to be inoculated. In fact, Minnesota is one of ...
Who’s Going to Pay for This? Common Expenses and Limited Assessments in Minnesota HOAs
Two common topics of discussion in condominium and townhome associations are: (1) who is responsible for the maintenance, repair, and ...
Colorado: Covid-19 Safety Measures in Common Areas for Common Interest Communities
Community associations, like all other entities in the United States, have had to learn to navigate a new landscape of COVID-19 restrictions in the past year. Associations have had to adapt to the ever-changing situation on the fly, filling in the gaps left by government guidelines and legal requirements in order to fulfill their obligation to, among others, safely maintain…
Additional Minnesota Statutes Concerning Homeowners Associations
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”)…
Why MCIOA? The Advantages of Opting into the Minnesota Common Interest Ownership Act
The Minnesota Common Interest Ownership Act, Minn. Stat. § 515B et seq. (“MCIOA”, pronounced “em-kai-wah”) was passed by the Minnesota legislature in 1994 in order to provide a more uniform administration of common interest communities. Subject to a few exceptions, MCIOA applies to all condominium communities in Minnesota, as well as all townhome communities formed on or after June 1,…
Who’s in Charge Now? Succession Planning for Business Owners
If you are the owner of a business, you know that you can’t run it forever. Like taxes, retirement and ...
Tony Smith, Alex Jadin, Tim Johnson, Finn Jacobsen & Karly Kauf Named Super Lawyers & Rising Stars 2021
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree ...
Another SJJ Victory at the Minnesota Court of Appeals
Glaros Hanson v. Midwest Inv. Servs., LLC, 2020 WL 5647239 (Minn. Ct. App. 2021) Smith Jadin Johnson attorneys Charles Austinson and Tim Johnson recently won a case at the Court of Appeals disqualifying an attorney from representing a company against one of its clients. The case involved a limited liability company in which the plaintiff and defendant were equal owners.…
Why Business Owners Need Confidentiality and Proprietary Rights Agreements
At Smith Jadin Johnson, we represent a wide variety of businesses. In doing so, our firm often discovers that clients have key employees that are aware of the business’s confidential information and yet no protections are in place for preserving that information. This creates the risk that a key employee may leave the business and take the business’s confidential information…
THE CARES ACT: HELPING YOUR SMALL BUSINESS SURVIVE THE COVID-19 PANDEMIC.
The Federal Government has passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) to help small businesses cope with the economic downturn caused by the COVID-19 pandemic. The CARES Act includes both low-interest forgivable payroll protection loans through the Payroll Protection Program (“PPP”) and Economic Injury Disaster Loans (EIDL). Payroll Protection Program The PPP was enacted as…
Business Owners – COVID-19 Update!
The novel coronavirus known as COVID-19 has become a global pandemic and will change business as we know it for the foreseeable future. It will almost certainly throw the global economy into a recession as people start adapting to social isolation and containment procedures. Business owners may be asking themselves whether insurance will cover lost business income caused by COVID-19.…