Longstanding Bremer Way Policy Under Threat:

Homeowners Could Face Steep Repair Bills Due to Legal Advice

November 7, 2024

The Bremer Way Condominium Association has historically been responsible for the management, maintenance, and repair of both Common Elements and Limited Common Elements, with the associated costs being borne by the Association and covered by the homeowners' association (HOA) dues. This practice has been in place since 1985, as stipulated in the governing documents, including the Declaration of Condominium Ownership and the Bylaws of the Association.

The Association's attorney has advised the Board of Directors that recent interpretations of Minnesota state law require that the costs associated with the repair and maintenance of Limited Common Elements should be billed back to the individual homeowners rather than being covered by the Association. This advice, if acted upon, would represent a significant departure from the Association's longstanding policy and would shift financial responsibility for certain repairs directly onto the homeowners.

The Bylaws and the Declaration of Condominium Ownership both clearly indicate that the management and repair of Common Elements and Limited Common Elements are the responsibility of the Association. Specifically, the Declaration states that while the Association is responsible for these elements, it does not preclude the Association from delegating these duties to agents or employees of its choice, which implies that the financial responsibility remains with the Association.

Furthermore, the Minnesota Uniform Condominium Act, which governs condominium associations in the state, does not necessarily invalidate existing contracts between associations and homeowners. The Act generally provides a framework for condominium operations but respects the agreements made within the governing documents unless they are explicitly in conflict with the law.

While state law may influence how responsibilities are interpreted, it does not automatically override the agreements set forth in the governing documents of the Association. Therefore, the current contract between the Association and homeowners regarding the responsibility for Limited Common Element repairs should remain valid. Changing this practice based on the attorney's advice would not only shift significant financial burdens onto homeowners-many of whom are on fixed incomes-but also disrupt the expectations set by the longstanding contract. The Board should carefully consider these factors and consult further legal counsel to ensure that any policy change is both legally sound and fair to all homeowners.