Minnesota HOA Formation and Consulting Attorneys
- Award-Winning Law Firm
- State & Federal Court Experience
- Experienced MN Litigators
- Serving Minnesota Since 2003
Minnesota HOA Formation and Consulting Attorneys
Homeowners associations make decisions that affect an entire community, from how property is maintained and assessments are collected to how rules are interpreted and enforced. Clear governing documents and sound procedures can make those responsibilities considerably easier for boards to manage.
Burns & Hansen advises homeowners associations, HOA boards, and developers throughout Minnesota on the legal issues involved in creating and managing common interest communities. Our attorneys bring a strong real estate perspective to this work, helping associations establish sound legal foundations, carry out their responsibilities, and address legal issues as their communities develop and change.
Why Burns & Hansen for HOA Formation & Consulting
When you work with Burns & Hansen, you benefit from:
- Experience advising associations from formation through ongoing governance.
- Guidance for developers and boards during transitions to owner control.
- Counsel on governing documents, board authority, assessments, contracts, and association procedures.
- Familiarity with the legal and operational issues facing condominium, townhome, and other common interest communities.
- Litigation experience representing associations when a matter develops into a contested dispute.
- Real estate and construction capabilities for issues involving association property, improvements, contractors, and development.
- Appellate capabilities when significant association litigation continues beyond the trial court.
Common Situations We Can Help With
Your association, board, or development may benefit from HOA counsel if you're trying to:
- Form and organize a new homeowners association.
- Draft or revise declarations, bylaws, articles of incorporation, or other governing documents.
- Transition an association from developer to owner control.
- Understand board authority, responsibilities, and procedures.
- Interpret or amend covenants, conditions, and restrictions.
- Address dues, assessments, or collection issues.
- Establish procedures for meetings, notices, voting, and association records.
- Review contracts involving maintenance, construction, property management, or other association services.
- Address questions involving improvements, common areas, or association property.
- Respond to disagreements involving owners, contractors, vendors, or other parties.
- Represent the association when a disagreement develops into litigation.
- Address another HOA matter, or aren't sure whether your situation fits one of these categories. Contact Burns & Hansen to discuss your situation with an attorney.
Frequently Asked Questions about HOA Formation & Consulting
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What types of HOA matters does Burns & Hansen handle?
We advise homeowners associations, HOA boards, and developers on association formation, governing documents, developer transitions, board authority and procedures, assessments, contracts, association property, compliance, and contested disputes.
What documents are involved in forming an HOA in Minnesota?
Association formation commonly involves a declaration, articles of incorporation, bylaws, and other governing documents establishing the association's structure, authority, and operating procedures. The documents required will depend on the type of community and applicable Minnesota law.
What happens when an HOA transitions from developer control?
Control of the association eventually shifts from the developer to an owner-elected board. Counsel can assist with the transition by reviewing governing documents, records, contracts, existing obligations, board procedures, and other matters the new board will inherit.
Can an HOA amend its governing documents?
Often, yes. The requirements depend on the document being amended, its existing provisions, and applicable law. Amendments may require specific notice, voting procedures, and approval from a certain percentage of owners.
What should an HOA board do if its governing documents are unclear?
Legal counsel can review the declaration, bylaws, amendments, and applicable law to determine how the provisions should be interpreted and what authority the board has before it acts.
Can an HOA take action to collect unpaid assessments?
Associations may have remedies for collecting properly imposed dues and assessments. The appropriate process depends on the circumstances, governing documents, and applicable Minnesota law.
Can Burns & Hansen provide ongoing counsel to an HOA board?
Yes. Burns & Hansen advises HOA boards on governance, assessments, contracts, governing documents, property issues, owner concerns, and other legal questions that arise during association operations.
Does Burns & Hansen represent HOAs in disputes?
Yes. When disagreements cannot be resolved internally, Burns & Hansen can represent associations in disputes involving owners, contracts, construction, property rights, liens, and other contested matters.
Speak With a Minnesota HOA Attorney
HOA boards and developers are responsible for decisions that can affect a community for years. Legal guidance can help establish clear governing structures and procedures and provide direction when questions, disputes, or changing circumstances require the board to act.
Contact Burns & Hansen to discuss HOA formation, governance, developer transition, or a legal issue affecting an existing association.
