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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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Five years ago our association voted to allow an increase in

Resolved Question:

Five years ago our association voted to allow an increase in our dues to cover the cost of a siding loan. This loan is now paid off and some of us believe the money should be removed from the dues. Even though I remember a letter stating the money would be returned to us, I can't find the letter. The association board states they do not remember sending a letter or approving the return of the money. They have also increased the dues by 5% on top of this additional money. I need to know what we can do to have this siding loan money removed from our current monthly dues.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 year ago.
Hi and welcome! My name is XXXXX XXXXX I will be assisting you. I am happy to help.

If there was a decision to allow for an increase in your dues, then there should have been a board resolution approving it or a board vote or a member vote. See if there is one. Also, there should be minutes of the meeting. See if you can get a copy because they may provide evidence of the discussion to remove the dues. Further, there could be minutes pertaining to the decision to send the letter. Further, if you received a letter, then surely other members have to receive one also. See if you can get a copy. In any event, if you recall who signed the letter that would be helpful. Also, look at the rules and regulations on how to dispute a decision of the HOA, or how to be heard and follow them.

Finally, here is some dialogue from the AG site regarding rights you have:

Rights of Homeowners

Access to Documents. Minnesota law requires an association to keep adequate records relating to its operation and make such records reasonably available for inspection by any unit owner or the unit owner’s agent. Minn. Stat. § 515B.3-118. Such records include, but are not limited to, records of the association’s membership, unit owners meetings, board of directors meetings and committee meetings, certain financial records, association agreements and certain correspondence. The access requirement does not apply, however, to information that was the basis for a closed board meeting under MCIOA. Additional document access provisions may also be found in the particular statute under which the association was formed. The Minnesota Nonprofit Corporation Act, for example, grants access for members and directors to certain documents and provides a claim for injunctive and other relief for anyone wrongfully denied access. Keep in mind that you may be required to pay copy fees if you wish to copy any documents.

If you need clarification, or want to clarify your question, or have a follow up question, please let me know.

Thank you,

Damien
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 1334
Experience: Helping you with your legal questions.
Damien Bosco and other Real Estate Law Specialists are ready to help you
Expert:  Damien Bosco replied 1 year ago.
Hi Nancy,

I just want to thank you for giving me a positive rating and a bonus! I am here to help you in the future also. You can request me by name the next time and I will be notified. Also, you can bookmark my profile and ask me a question that way. Here is the link:

http://www.justanswer.com/law/expert-damien-bosco/

Either way, I am always happy to help.

Best Regards!

Damien Bosco

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