What the industry stripped out of Minnesota's HOA bill
What the industry stripped out of Minnesota's HOA bill
2026-09-12 · Minnesota · Legislation · Reported — unconfirmed
What happened. Minnesota's HOA Bill of Rights is a negotiated document, and the trade association that did the negotiating has published its own account of what it took out.
The Community Associations Institute's Minnesota chapter set out its version in the Summer 2026 issue of its magazine, Minnesota Community Living, in a legislative overview by Elise Busse of CAI and Phaedra Howard of Hellmuth & Johnson, chair of the Minnesota Legislative Action Committee.1
This is one interested party's account of a negotiation. It is worth reading precisely because the enacted text does not show what was removed.
The procedural complaint
CAI-MN states that the bipartisan working group's 41 recommendations “were adopted in a single vote rather than considered individually,” producing a bill the chapter describes as one that “would have been disastrous for community associations.”
The four things it says it removed or scaled back
- a pre-enforcement mandate requiring board members to personally engage owners before any enforcement action — removed;
- caps on recoverable legal fees, elimination of interest, restricted lien rights and delayed foreclosure — “significantly scaled back”;
- owner-driven revocation of rules and bylaws — eliminated;
- overly broad meeting-participation requirements — refined.
What CAI-MN still objects to in the enacted law
Added administrative requirements, changed collection procedures, expanded disclosure obligations, and constraints on fines.
The lobbying effort
The 2026 session convened 17 February 2026 with an evenly split House and a one-seat DFL Senate majority. CAI-MN's Legislative Action Committee held its inaugural Advocacy Day at the Capitol on 11 March 2026: more than 60 advocates, in-person meetings with 25 legislators, 46 more reached through a virtual call to action, and visits to nearly 50 legislative offices.
Reading the claims against the enacted text
Two of the four claims are checkable against Chapter 82, and they hold up in a qualified way worth spelling out.
“Significantly scaled back” on fees, interest, liens and foreclosure — scaled back, not removed. What actually passed is substantial: interest on delinquent assessments capped at eight percent and chargeable only on assessments, not on fines or fees; late fees capped at the greater of $20 or five percent; ordinary fines stripped out of the assessment lien by the amendment to § 515B.3-116(a); no foreclosure until the qualifying debt is more than three months delinquent; and attorney fees not chargeable to an owner unless a requested hearing is actually held and the board adopts a written resolution upholding the fine.2
A reader should take “scaled back” to mean the enacted version is less restrictive than the draft — not that the area was left alone. There is no cap on recoverable legal fees in Chapter 82, which is consistent with the claim.
“Refined” meeting participation — still a real right. The enacted § 515B.3-103(g) requires that before any action on an agenda item, an owner or their written designee “must be permitted to speak at a time designated by the board,” with the board free to impose a reasonable time limit and to expel a disruptive person after a warning from the chair. The board-set time and the disruption provisions are plausibly the refinement; the right itself survived.
The one that is genuinely gone
Owner-driven revocation of rules and bylaws does not appear in Chapter 82 in any form. What the act contains instead is a single sentence at the end of the rulemaking provision: “Nothing in this chapter prevents the unit owners from asking the board to adopt, amend, or revoke a rule or regulation.”
That is a right to propose with no mechanism behind it. An owner petition that the board declines to act on has no next step under the statute. For owners, that is the largest single gap between the working group's output and the enacted law.
The pre-enforcement mandate is similarly absent. Chapter 82 requires a hearing after a fine notice, on the owner's request, within 30 days — not personal engagement by a director before enforcement begins.
Why the chapter's own numbers are worth noting
CAI-MN puts Minnesota's association footprint at roughly 1.5 million residents in more than 612,000 homes across 7,850 community associations.
Two other counts of the same thing exist and are close enough to be credible. The Minnesota Department of Commerce, in a February 2026 presentation to a House committee, gave about 1,556,000 Minnesotans — 27 percent of the state — across 7,950 associations, with 3,800 in the metro and 82 percent of new homes sold in 2023 located in a CIC or HOA.3 The Star Tribune cited a 2024 Foundation for Community Association Research study putting Minnesota 15th nationally with 8,000 associations and 624,000 units.
Three independent sources landing within a few percent of each other is unusual in this area, and it means the scale claim can be relied on: roughly one Minnesota household in four is inside an association.
The other bills CAI-MN tracked
The same overview records the chapter's 2026 watch list, and the outcomes are verifiable:
S.F. 3622 / H.F. 3459 → Laws 2026, ch. 61, signed 29 April 2026. MCIOA technical and conforming changes, and the provision pushing the Cooperative Housing Act at Minn. Stat. ch. 308C from 1 August 2026 to 1 August 2027.4
H.F. 2185 / S.F. 2061 — expanding the flags an association may not prohibit to include military service, POW/MIA, Blue Star and Gold Star flags. Died in committee.
S.F. 4035 / H.F. 3808 — the alternative CIC reform vehicle. Died without a hearing.
S.F. 4944 / H.F. 4816 — the rewrite of the 2024 Cooperative Housing Act, which CAI says has been unimplementable since enactment. Introduced too late, and the chapter expects it back in 2027.
That last item is the practical headline for Minnesota housing cooperatives: the new Act still is not in force, the corrective bill failed, and a 2026 assumption no longer supports converting co-op governance documents.
What an interested party's account tells a board
Not that the law is softer than it looks. Chapter 82's operative requirements are the ones in the session law, and they are demanding: a published fine schedule, a written collection policy with certified mail, three competitive bids above $50,000 with a six-year archive, open meetings with agendas and contracts circulated in advance, a 90-day architectural deadline, a 21-day comment period on rule changes, a free grievance track, and a statutory retaliation claim.
What the account is useful for is understanding the shape of the 2027 conversation. The provisions CAI says it removed — owner-driven rule revocation, fee caps, personal pre-enforcement duties — are the ones owner advocates will notice are missing, and they are the natural content of a follow-up bill.
What to watch next
No sourced statement from any legislator or advocacy group announcing a 2027 follow-up bill has been identified. Coverage of Chapter 82 through mid-2026 is retrospective.
The 94th Legislature adjourned sine die on 18 May 2026, the 95th convenes 12 January 2027, and all 201 legislative seats are on the ballot on 3 November 2026 — with the Senate DFL by one seat and the House tied 67–67 going in. The governorship is an open seat after Gov. Walz ended his re-election bid in January 2026.
The mechanism most likely to generate the next bill is not a lobby at all: Minn. Stat. § 45.0137 requires the Common Interest Community Ombudsperson to compile and analyse complaints and report recommendations to the Legislature, with a tracked due date of 1 August 2027 — seven months after Chapter 82 takes effect.
This reports one organisation's published account alongside the enacted text. It does not predict what the next Legislature will do.
Related Minnesota HOA Topics
- “2026 Legislative Overview,” Minnesota Community Living, Vol. 71 (Summer 2026), CAI Minnesota chapter, pp. 8–9 and 12–13 ↩
- Laws 2026, ch. 82 (S.F. 1750), full session-law text — Minnesota Revisor of Statutes ↩
- Minnesota Department of Commerce, CIC/HOA Ombudsperson presentation to a Minnesota House committee (23 Feb. 2026) ↩
- Laws 2026, ch. 61 (S.F. 3622), full session-law text — Minnesota Revisor of Statutes ↩
- “2026 Minnesota Legislative Session Report” — Community Associations Institute advocacy ↩
Stay on top of Minnesota HOA law
Every week: new Minnesota legislation, court rulings, and regulatory developments affecting condos, planned communities, and property managers. Free.
No spam. Unsubscribe anytime.