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Minnesota HOAs must take partial payments and apply them to assessments first

Minnesota HOAs must take partial payments and apply them to assessments first
Minnesota · Legislation

Minnesota HOAs must take partial payments and apply them to assessments first

What happened. From 1 January 2027, a Minnesota association may not refuse an owner's payment, and must apply what it receives to assessments before fines. Section 3 of Laws 2026, ch. 82 adds subsections (g) and (h) to Minn. Stat. § 515B.3-102; sections 7 and 8 add an identical new subsection (k) to both § 515B.3-115 and § 515B.3-1151.1

Payments must be accepted

New subsection (g): “An association may not refuse to accept payment from an owner of any amount for any assessment, fine, or fee, except if the association has commenced a foreclosure under chapter 580 or 581.”

The single exception is narrow and its trigger is precise — commencement of a statutory foreclosure, not a demand letter, not a referral to counsel, not the recording of a lien.

The order of application

New subsection (h): “A payment by a unit owner must be applied to assessments for common expenses and special assessments first before it is applied to fines, fees, or other assessments.”

Two exceptions: the owner may agree otherwise, and the rule gives way where a fine has been unpaid more than 120 days and falls within the health-and-safety, property-damage or financial-enrichment categories that also escape the $100 fine cap.

The same subsection adds a softer duty: “An association must consider offering a reasonable payment plan for a delinquency.” That is a deliberation requirement, not an entitlement — but a board that has never considered one has not met it.

A written collection policy becomes mandatory

The new subsection (k) in §§ 515B.3-115 and 515B.3-1151 requires a collection policy containing, at minimum:

  • three separate notifications to the owner before the account is referred to a law firm or collection agency;
  • at least one of those by certified mail to the owner's registered address;
  • a requirement that a law firm engaged to foreclose the association's assessment lien send the statutory pre-foreclosure notice “by United States mail and certified mail.”

The same subsections add a separate budget duty: the association “shall make available in any reasonable manner a copy of the proposed budget prior to the meeting at which the budget is scheduled to be discussed and approved.”

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The change most likely to be missed is a software setting

Of everything in Chapter 82, the payment-application rule is the provision least likely to reach the person who has to implement it. It is not a policy document, not a rule change, and not a board decision. It is the waterfall configuration in the accounting or management platform, and it usually sits with a bookkeeper or a vendor.

The current default at many Minnesota associations runs the other way: oldest-charge-first, or fines-and-fees-first, on the reasoning that assessments keep accruing anyway. Under the 2027 rule that default produces a statutory violation on every partial payment received.

The downstream effect is what matters. When payments land on assessments first, a paying-but-behind owner's assessment balance falls and their fine balance persists. Since the amended § 515B.3-116(h) permits foreclosure only where assessments, special assessments, and carve-out fines are more than three months delinquent — and ordinary fines are no longer lienable at all — the application order directly controls whether a foreclosure remedy ever matures.

Why the certified-mail requirement is the expensive part

Three notices before referral is a timeline change. One of them by certified mail is a cost and a records change.

Certified mail requires a registered address for the owner, and § 515B.3-118 already contemplates the association maintaining one. Associations that have let owner address records drift — absentee owners, post-sale non-updates, renters in occupation — will find the requirement unsatisfiable for exactly the accounts most likely to be delinquent.

The second certified-mail duty runs to the law firm: the pre-foreclosure notice must go out by ordinary mail and certified mail. That is a change to counsel's standard workflow, and it should be confirmed in writing with the association's collection firm rather than assumed.

What the collection policy should actually contain

The statute sets a floor, not a form. A policy that only restates the three statutory minima leaves the board's real questions unanswered. Worth settling in the same document:

What each of the three notices says and when it goes. The statute requires three notifications; it does not space them. A policy with defined intervals is what makes the sequence auditable later.

The payment-plan posture. Since the association must consider a plan, the policy is the natural place to say what terms the board will consider and who decides — which converts an obligation to deliberate into a repeatable process.

The 120-day fine rule. The exception to assessments-first application turns on a fine being both over 120 days old and in a carve-out category. Tracking that requires the ledger to record which category a fine was imposed under, at the time it was imposed. Most ledgers do not.

The budget provision riding alongside

The proposed budget must be made available before the meeting at which it is discussed and approved. Minnesota has no statutory notice period attached to that sentence — “prior to the meeting” is the whole requirement — but it ends the practice of distributing a budget in the room.

Read with Chapter 82's separate requirement that board meeting agendas and the contracts up for approval be published in advance, the direction is consistent: the documents a board acts on become available to owners before the action, not after it.

What to watch next

A competing bill, S.F. 4035, would have written a more demanding collection regime — the same three-notice structure, plus a mandatory published fine schedule and a reserve study in the resale packet. It was introduced 2 March 2026 and never received a hearing; the fine schedule and the reserve study made it into Chapter 82 by other routes, and the rest died with the biennium on 18 May 2026.3

Nothing here forecasts the result of any individual collection matter. It sets out what the statute will require and from when.

Related Minnesota HOA Topics

← All Minnesota HOA Topics

  1. Laws 2026, ch. 82 (S.F. 1750), full session-law text — Minnesota Revisor of Statutes
  2. “New Laws 2026: Chapter 82” — Minnesota House of Representatives Public Information Services
  3. S.F. 4035 bill status (competing collection-policy vehicle; died in committee) — Minnesota Revisor of Statutes
  4. Minn. Stat. § 515B.3-1151 — assessments for common expenses (pre-amendment text)

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