Full question:
I need information on association dues for condominiums. Our President seems to think he can raise the Association dues whenever he wants without a vote from the whole association (us as owners). Can he do this without a vote from the homeowners?
- Category: Real Property
- Subcategory: Residential Property Disclosure
- Date:
- State: Minnesota
Answer:
The operations of a condominium are normally conducted by a management association created to run the common affairs of the condominium owners. A condominium association is required to act consistently with the condominium act of the state of Minnesota and its own governing documents, and its actions must be free of fraud, self-dealing, or unconscionability. A board of managers of a condominium association exercises for the association all the powers, duties, and authority vested in the association by law or the condominium documents.
A condominium project may be administered or managed in one of several ways, such as by the unit owners, a board of governors elected by the owners, or a management agent elected by the owners or the board when named in the declaration. A condominium association's acts are authorized only if permitted by the applicable condominium act, its bylaws, and the declaration.
A condominium association functions in a manner comparable to other unincorporated associations in that it is controlled by a governing body, acts through designated agents, and functions under the authority of bylaws. So, a condominium homeowners' association is a separate legal entity from its unit owners, just as a corporation is distinct from its shareholders.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
