On Wednesday, May 6, the Senate debated the amendments to SF 1750 adopted by the House and passed the bill on to Gov. Walz for his signature.
The bill makes several amendments to the Minnesota Common Interest Ownership Act (MCIOA)/Chapter 515B. This chapter of law governs the creation, organization, and administration of Common Interest Communities (CICs) and Homeowner Associations (HOAs).
SF1750 is a comprehensive package of recommendations from the Legislative Working Group on Common Interest Communities and Homeowners Associations, created by the 2024 Legislature.
The Working Group was charged with submitting a final report to the 2025 Legislature, including recommendations and draft legislation. The 2024 legislation designated several organizations, including MNR, to provide formal representation. MNR’s 2023 President Emily Green served on the Working Group, representing our association and bringing her deep expertise in HOAs and the real estate industry to help shape the final recommendations.
Among the significant amendments to MCIOA/Chapter 515B in the bill include:
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Information stating that the association’s master insurance deductible amounts for property damage wind or hail claims by be assessed to a unit as a “loss assessment,” a recommendation that the buyer purchase insurance coverage for loss assessments in the amount at least equal to the associations deductible, and information stating that if the association levies a loss assessment, the unit owner is personally responsible for paying it, even if the unit owner does not have sufficient insurance coverage
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Other information of which a purchaser should be aware, including regarding the impact on property rights of living in a CIC, how governing documents dictate how decisions are made related to the property and restrictions on use, that governing documents may be modified or changed at any time with the appropriate approval, and that it is advisable to consult an attorney before purchasing a unit.
While there was bipartisan support for the bill, some groups have raised concerns or offered suggestions on portions of the entire bill over the past couple of years. Those groups include: The Minnesota State Bar Association’s Minnesota Common Interest Ownership Act (MCIOA) Subcommittee, the Community Associations Institute (CAI) – Minnesota Chapter, which represents community association leaders, residents, community managers, community association management firms, and business partners who provide products and services to community associations, and some individual and groups of property management companies — and HOA boards.
MNR maintained a neutral position on this bill. Throughout the past two Sessions, the MNR Governmental Affairs Steering Committee has followed the progress of this bill, and the Advocacy Team has tracked it closely through the process.