Minnesota bans HOA retaliation against owners who assert their rights
Minnesota bans HOA retaliation against owners who assert their rights
2026-09-12 · Minnesota · Legislation
What happened. Section 13 of Laws 2026, ch. 82 amends Minn. Stat. § 515B.4-116 — renaming it “RIGHTS OF ACTION; RETALIATION PROHIBITED; ATTORNEY'S FEES” — and adds two new subsections. Effective 1 January 2027.1
The prohibition
New subsection (e): “An association may not retaliate against a unit owner for asserting any right the unit owner has under this chapter or other law.”
And the definition, which is where the section does its work: “'retaliation' means to restrict any right or privilege a unit owner has, or impose any fine, penalty, or other charge on a unit owner, not authorized under the declaration, bylaws, or rules or regulations.”
That definition is objective rather than motive-based in its second half. The question it poses is whether the restriction or charge was authorised by the governing documents — not only whether the board was angry.
What is expressly not retaliation
“Retaliation does not include commencing a foreclosure action for a fine that remains unpaid after the time allowed for payment, after the board has adopted a resolution upholding a fine under section 515B.3-102(a)(11).”
The safe harbour is tied to the new fine procedure: an association that ran the hearing and adopted the written resolution may pursue the fine without that being retaliation. An association that skipped those steps has no such protection.
The Safe at Home provision
New subsection (f): “A disclosure by the association of data in violation of the Safe at Home program under section 5B.05, paragraph (d), is a violation of this chapter.”
Safe at Home is Minnesota's address-confidentiality programme for survivors of domestic violence, sexual assault, harassment and stalking. Chapter 82 makes an association's improper disclosure of a participant's data actionable under MCIOA, with the chapter's own remedies attached.
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What you unlock
- The remedies were already severe — this adds a new trigger
- What conduct is now exposed
- “Or other law” is the widest phrase in the section
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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 ↩
- S.F. 2324 bill status (attorney general enforcement of ch. 515B; never heard) — Minnesota Revisor of Statutes ↩
- Minn. Stat. § 5B.05 — Safe at Home program; use and disclosure of a participant’s address ↩
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