Welcome and thank you for your question.
The laws that govern HOA's in Minnesota are the following:
"Homeowner Associations are governed by a chain of governing documents and laws.
- The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
- The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
- The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
- The Bylaws are the rules for management and administration.
- Resolutions are additional rules and regulations that the association may adopt.
- Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
- Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
- Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
- Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements."
We would want to check the governing documents to see if documents set out the ability for the board to use environmentally friendly treatments as opposed to harmful chemicals. Do you have a copy of your governing documents?
"Pesticide Use in Minnesota
The Minnesota Department of Agriculture (MDA) is the lead state agency for all aspects of pesticide and fertilizer environmental and regulatory functions. These authorities are described in Minnesota Statutes §§ 18B, 18C, 18D and 103H. "
In Minnesota the State Department of Agriculture (http://www.mda.state.mn.us/chemicals/pesticides.aspx) disclosed that they are planning restrictions on certain chemicals.
In a recent case in NJ (http://www.beyondpesticides.org/dailynewsblog/2012/08/condominium-residents-win-fight-against-pesticide-use/) the homeowners protested the use of pesticides by the board and contacted the environmental protection agency. The agency strongly recommended the use of safer products. The HOA implemented a new policy once state government intervened. The board realized that a law suit filed by the owners would not be a winning proposition for the them when there are many safer alternatives.