Common Governing Documents

The Declaration of your Common Interest Community is the “constitution” of your community. (Minnesota Statutes, section 515B.2-101) It establishes the units, common elements, and basic rules. A Declaration often does the following: 

• Defines what you own individually versus what you share (hallways, pool, landscaping). (Minnesota Statutes, sections 515B.2-105(a)(5) and (6))
• Explains which parts of your property your association maintains and how everyone shares costs. (Minnesota Statutes, sections 515B.2-105(a)(7) and (8))
• Defines your financial responsibility for maintenance, repairs, and reserves. (Minnesota Statutes, sections 515B.3-107(a) and 515B.3-114)
• Places limits on some activities (e.g., renting units, parking, gardens, external decorations, pets, or noise). (Minnesota Statutes, section 515B.3-102(a)(1))

Articles of Incorporation establish your homeowners association (HOA) as a legal entity and provide the foundation for its governance (Minnesota Statutes, sections 515B.2-105 and 515B.3-101). Articles generally: 

• Are filed with the Secretary of State when your association is created. (Minnesota Statutes, chapters 302A and 317A)
• Provide basic information about your HOA, including its legal name, purpose, and organizational structure.  (Minnesota Statutes, chapters 302A and 317A)
• Grant your HOA legal authority to operate, collect dues/assessments, enter contracts, and enforce certain rules. (Minnesota Statutes, section 515B.3-101; and Minnesota Statutes, chapters 302A and 317A) 
• Are brief and do not include detailed community rules or regulations. (Minnesota Statutes, section 515B.3-102(a); see also Minnesota Statutes, section 515B.2-105 for rules and restrictions in the Declaration) 
• Serve as the foundational document upon which other governing documents, such as the bylaws and declaration, are built. (Minnesota Statutes, section 515B.3-101)

Bylaws (Minnesota Statutes, sections 515B.3-102; 515B.3-103; and 515B.3-106) explain how your HOA or association is governed. Bylaws generally describe:

• How board members are chosen, terms, and removal procedures. (Minnesota Statutes, section 515B.3-103)
• Notice requirements, quorum, and how decisions are officially made. (Minnesota Statutes, sections 515B.3-103(a) and 515B.3-109)
• This may include information about when your HOA will hold monthly or quarterly meetings and when meeting minutes will be made available. (Minnesota Statutes, section 515B.3-108(a))
• Roles like president, treasurer, secretary, and what they are responsible for. (Minnesota Statutes, section 515B.3-103)
• Whether your board may create committees to handle specific tasks or projects (e.g., finance, landscaping, architectural review). (Minnesota Statutes, section 515B.3-102)
  • Committees often include board members or volunteers from the community and provide recommendations to the board, but they typically do not have the authority to make final decisions unless specifically granted by the bylaws. (Minnesota Statutes, section 515B.3-102)
  • Committees help distribute work, involve members, and focus on specialized areas of HOA management. (Minnesota Statutes, section 515B.3-102)

Rules & Regulations (Minnesota Statutes, sections 515B.3-102 and 515B.3-101) are the day-to-day operational rules that supplement the declaration and bylaws. They often address:

• Where to park and towing policies. (Minnesota Statutes, section 515B.3-102(a)(1))
• Types, sizes, or number of pets allowed. (Minnesota Statutes, section 515B.3-102(a)(1))
• Quiet hours and prohibited activities. (Minnesota Statutes, section 515B.3-102(a)(1))
• Approvals that are needed for fences, landscaping, painting, or other changes. (Minnesota Statutes, section 515B.3-102(a)(1))

• Regular assessments: Monthly or annual dues for upkeep of common elements. (Minnesota Statutes, section 515B.3-115 (before 2010) and Minnesota Statutes, section 515B.3-1151 (after 2010))
• Special assessments: One-time fees imposed to cover unexpected or significant expenses, such as roof replacement, paving, or window repairs. The bylaws or declaration typically specify whether the cost is shared by all unit owners or only by those directly affected, depending on the nature of the issue that triggered the assessment. (Minnesota Statutes, sections 515B.3-115(a) or 515B.3-1151)
• Late fees & liens: Consequences for failing to pay assessments, which may include late fees, attorney fees, liens on the unit, or in extreme cases, foreclosure (Minnesota Statutes, sections 515B.3 102(a)(11) and 515B.3‑116).

• Approval process: How to submit plans to your board for unit or exterior changes. (Minnesota Statute, section 515B.3-102(a)(1))
• Standards: Requirements for materials, color, size, or design. (Minnesota Statute, section 515B.3-102(a)(1))
• Consequences: What happens if you modify without approval (fines, forced reversal). (Minnesota Statute, section 515B.2-113)

• Violations: Steps your association takes when rules are broken. (Minnesota Statutes, section 515B.3-102)
• Fines: Maximum amounts and processes for imposing penalties. (Minnesota Statutes, section 515B.3-102)
• Failing to pay association assessment dues, special assessments, or fines could result in liens being placed on your home or your home being foreclosed upon. (Minnesota Statutes, section 515B.3-116)
• Dispute resolution: Mediation, arbitration, or small claims process for conflicts between owners or with your association. (Minnesota Statutes, section 515B.4-116)

• Association insurance: What your HOA insures (common elements, liability). (Minnesota Statutes, section 515B.3-113)
• Owner insurance: What owners should carry (interior, personal property, liability). (Minnesota Statutes, section 515B.3-113)
• Damage or loss responsibilities: Who pays for repairs if something is damaged. (Minnesota Statutes, section 515B.3-107 and 515B.3-113)

Responsibilities of your HOA versus individual owners for maintenance of common areas and private property. (Minnesota Statutes, section 515B.3-107)

• Amending the documents: How owners vote to change the declaration, bylaws, or rules. (Minnesota Statutes, section 515B.2-118)
• Termination or dissolution: Explains how assets are distributed if your community ends. (Minnesota Statutes, section 515B.2-119)