Minnesota HOAs get a 21-day notice-and-comment duty before any rule change
Minnesota HOAs get a 21-day notice-and-comment duty before any rule change
2026-09-12 · Minnesota · Legislation
What happened. Section 3 of Laws 2026, ch. 82 rewrites Minn. Stat. § 515B.3-102(a)(1), the source of an association's rulemaking power. Effective 1 January 2027, it adds a substantive standard and a procedural one.1
The substantive standard
Four words carry it: “Rules and regulations adopted must be reasonable.”
Minnesota courts have long treated governing documents as a contract between the association and its members, and have applied reasonableness through that lens. Chapter 82 puts the standard in the statute itself, which changes where the argument starts — from what the declaration permits, to what the statute requires of any rule made under it.
The procedure
“An association must give unit owners no less than 21 days' notice before the association votes to adopt, amend, or revoke a rule or regulation to review and comment on the proposed change. Notice may be provided in any reasonable manner.”
Three details in that sentence matter. The 21 days runs before the vote, not before the discussion. It applies equally to revoking a rule as to making one. And the notice must be for the purpose of review and comment — it is a consultation, not a courtesy copy.
The emergency valve
“An association may adopt a temporary rule without notice in exigent circumstances, provided the board acts as soon as practicable to give the requisite notice to unit owners before adopting the rule permanently.”
A temporary rule is available immediately; making it permanent still requires running the full 21 days. The statute does not define exigent circumstances.
And a right owners did not have
The final sentence: “Nothing in this chapter prevents the unit owners from asking the board to adopt, amend, or revoke a rule or regulation.” It creates no obligation on the board to act, but it forecloses the argument that owners have no standing to propose.
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Related Minnesota HOA Topics
- Laws 2026, ch. 82 (S.F. 1750), full session-law text — Minnesota Revisor of Statutes ↩
- “New Laws 2026: Chapter 82” — Minnesota House of Representatives Public Information Services ↩
- Warner v. Pines of North Oaks Home Owners’ Ass’n, No. A25-1129 (Minn. Ct. App. 17 Feb. 2026) (nonprecedential) — slip opinion ↩
- Minn. Stat. § 515B.1-102 — applicability of MCIOA by community type and creation date ↩
- S.F. 3418 bill status (would have voided size, materials and fencing covenants; never heard) — Minnesota Revisor of Statutes ↩
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