Question:
Can a board implement a rule that a nonreturned ballot for a Declaration Amendment be counted automatically as a yes vote in the State of MN?
Can the Declaration be amended to accommodate this rule?
Thank you
– Kathy
Answer:
Hi Kathy,
The Minnesota Common Interest Ownership Act Section 515B.2-118(a)(7) may apply here, which states that consent may be deemed to be granted by the homeowner if consent is requested by the association, and the unit owner’s written refusal to consent is not received by the association within 60 days after notice is mailed. However, the association must send notice and a copy of the amendment, by certified United States mail, postage prepaid and return receipt must be requested. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
