Before addressing the specific legal and financial traps in the proposed documents, all residents must understand how these sweeping changes came to be:

 

Drafted Behind Closed Doors:

The Board spent Association funds to hire legal counsel and completely rewrite our foundational community documents without ever holding a single open meeting, workshop, or community forum to ask unit owners what changes were actually needed or wanted.  

 

Shutting Out Homeowners:

These governing documents belong to all 77 unit owners--not just the five individuals sitting on the Board.  By debating and formulating these restrictive changes in executive/closed-door sessions and attempting to force-feed them to the community without prior consultation, the Board violated basic principles of open governance, democratic participation, and transparency.  

 

Rules for Us, Power for Them:

A Board that operates in secret to craft new powers for itself and new restrictions for homeowners cannot claim to be acting in the best interests of the community.  Dismissing homeowner concerns as mere "misunderstanding" while ignoring their own failure to consult the community demonstrates a complete breakdown of fiduciary accountability.  

 

 

Rebuttal to the Board’s Response Regarding Proposed Governing Documents

 

The Board’s response to the Vote No flyer attempts to dismiss homeowner concerns by claiming that the proposed restated documents simply codify existing practices or current Minnesota law.   However, a close review of the proposed text reveals that the new Declaration and Bylaws introduce significant structural shifts, financial liabilities, and enforcement powers that disadvantage unit owners.

 

Below is a point-by-point rebuttal to the Board’s assertions.

 

1. Water Infiltration & Interior Unit Damage

The Board’s Claim:  The Board claims the current documents are unclear, that the new documents do not shift new costs to owners, and that they merely coordinate the master policy with HO-6 policies to avoid out-of-pocket costs and disputes.

 

Rebuttal:

Shifting Financial Burden for Exterior Failures: Proposed Declaration Section 10.3 explicitly states: “The Association is not responsible for damage to the interior of the Unit that is not covered by the Association’s master policy even if such damage is caused by water infiltration through the roof or exterior surfaces of the Units.”

 

Under standard common interest community principles--and common sense--when a shared common element like a roof or exterior wall fails, the Association is responsible for repairing both the common element and the resulting proximate damage.  This clause unfairly forces individual homeowners to absorb repair costs for water damage originating entirely from common element structural failures.

 

2. Immediate Acceleration of Annual Dues

The Board’s Claim: The Board argues this is not new because Section 8.3 of the current Bylaws already allows acceleration after a 30-day default, and state law permits it.

 

Rebuttal:

While the timeline (30 days) may mirror older frameworks, the financial consequences in an era of sweeping document rewrites are vastly different.  Proposed Declaration Section 6.1(i) and Section 8.4(a) permit the Board to demand payment of the entire remaining balance of the annual assessment instantly upon a single missed monthly installment.

 

For a community of 77 units, accelerating a full year’s worth of dues over a minor, short-term oversight or bank processing delay creates an immediate, severe financial trap that pushes homeowners toward unnecessary liens and foreclosure proceedings.

 

3. Broadened "Nuisance" and Behavioral Standards

The Board’s Claim: The Board states it already has nuisance powers under existing rules and that Section 7.27 simply encourages civil, professional behavior without prohibiting disagreement.

 

Rebuttal:

Proposed Declaration Section 7.27 goes far beyond standard nuisance rules by criminalizing subjective offenses, such as prohibiting "unwelcome emails" or statements deemed to have an intent to lower the perception of "the Association’s property manager."

 

Vague, subjective criteria like "lowering perception" or defining communication as "unwelcome" are easily weaponized.  In practice, this gives a sitting Board a chilling tool to silence dissenting owners, stifle legitimate criticism of management performance, and penalize residents who voice opposition at meetings or via email.

 

4. Right of Entry Without Prior Notice

The Board’s Claim: The Board argues it already has entry rights for emergencies and notes that the new documents add a requirement for reasonable advance notice for routine maintenance.

 

Rebuttal:

While notice is mentioned for routine items, proposed Declaration Section 7.17 grants expansive entry authority whenever the Board "reasonably believed" an imminent danger exists, or to inspect for conditions an owner has "failed to maintain."

 

The documents fail to define what constitutes a valid "emergency" or establish a hard floor for a minimum notice period (e.g., 24 or 48 hours) for non-emergencies, leaving homeowners vulnerable to arbitrary intrusions into their private dwellings under the guise of compliance checks.

 

5. Application of Payments to Oldest Balances

The Board’s Claim: The Board claims Minnesota law (Minn. Stat. § 515B.3-102(h)) dictates that payments be applied to regular and special assessments first, asserting that disputed fines cannot be paid ahead of monthly dues.

 

Rebuttal:

Proposed Bylaws Section 8.4(d) establishes that all payments received are automatically applied to the oldest assessment or charge on the account, regardless of how the owner designates the payment.

 

If the Board levies a disputed fine or legal fee, any check an owner submits explicitly for monthly maintenance dues will be seized and redirected to pay off the disputed fine first. This instantly forces the owner’s regular monthly assessment into a technical default, triggering compounding late charges, interest, and statutory acceleration.

 

6. Proxies and Voting Controls

The Board’s Claim: The Board defends its control over proxies by citing statutory authority and claiming that the Secretary’s unlimited proxy holding is meant to be voted strictly as owners direct.

 

Rebuttal:

Proposed Bylaws Section 3.3 empowers the Board to place strict caps on how many proxies independent resident organizers or ordinary homeowners can hold from neighbors who cannot attend a meeting.

 

Simultaneously, it carves out an explicit exemption allowing the Association Secretary (acting on behalf of the Board) to hold an unlimited number of proxies.  This creates an uneven playing field, enabling the Board to consolidate voting power to push through self-serving amendments while locking out grassroots community representation.

 

Conclusion

The Board’s assertion that these changes merely "modernize" operations is misleading. The restated Declaration and Bylaws expand Board immunity, erode homeowner privacy, create financial tripwires, and chill free expression.  Owners should exercise their right to vote "NO" on the proposed restated governing documents to protect their property rights and financial well-being at Bremer Way.