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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (Minnesota CIO Act)
Planned communities created on or after June 1, 1994 are generally governed by the Minnesota Common Interest Ownership Act, or MCIOA (Minn. Stat. ch. 515B). Under that act, a declaration can usually be amended by the vote or written consent of owners holding at least 67% of the association's votes, unless the recorded declaration sets a higher or different requirement (Minn. Stat. § 515B.2-118). Very small planned communities created between June 1, 1994 and August 1, 2006 (more than two but fewer than 13 units), and communities created before June 1, 1994, may fall partly outside the act, so the creation date matters.
Condominiums (MCIOA / Uniform Condo Act)
Condominiums created on or after June 1, 1994 are generally covered by the same Common Interest Ownership Act (Minn. Stat. ch. 515B), so the 67% default amendment threshold typically applies (Minn. Stat. § 515B.2-118). Condominiums created roughly between August 1, 1980 and June 1, 1994 are generally governed by the Minnesota Uniform Condominium Act (Minn. Stat. ch. 515A), and the oldest condominiums fall under the original Minnesota Condominium Act (Minn. Stat. ch. 515). Because several MCIOA provisions can still reach older condominiums, the year your condominium was created can change which rules apply.
How the vote can run
Minnesota generally allows an association to take a vote by electronic means or by mailed ballot in lieu of an in-person meeting, if that method is authorized by the governing statute and is not limited or prohibited by the articles, bylaws, or declaration (Minn. Stat. § 515B.3-110). The board generally sets a voting window of not less than 15 and not more than 45 days after notice of the vote and procedures is delivered, and the total votes cast generally must at least equal the quorum for the result to count. Proxies may also be used if the articles or bylaws permit them.
Before we quote
Minnesota details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Minnesota vote has to answer.
The default threshold to amend a declaration under MCIOA is generally 67% of the association's votes, by vote or written consent (Minn. Stat. § 515B.2-118).
The recorded declaration controls and can set a higher or different threshold, so it should be reviewed before any vote.
Certain amendments generally require unanimous written owner consent, such as increasing the number of units, changing unit boundaries, or changing allocated interests (Minn. Stat. § 515B.2-118).
A mortgagee's consent to an amendment is generally deemed granted if the secured party does not refuse in writing within 60 days of certified-mail notice (Minn. Stat. § 515B.2-118).
An amendment generally must be recorded in every county where the community is located and is effective only when recorded (Minn. Stat. § 515B.2-118).
Electronic or mailed ballots may generally substitute for a meeting unless the governing documents prohibit it (Minn. Stat. § 515B.3-110).
The voting window is generally 15 to 45 days after notice, and total votes cast generally must at least equal the quorum (Minn. Stat. § 515B.3-110).
Which act applies (Chapter 515B, 515A, or 515) generally depends on when the community or condominium was created.
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