Our initial scan found 3 potential issues in your governing documents.
We checked the 3 public PDFs on The Jonathan Association’s website against current Minnesota and federal HOA law—and more issues may exist depending on the documents you load.
✓Rules & Enforcement Policies✓Association Bylaws✓CC&Rs / Declaration+ Add up to 10 PDFs in Full Analysis
Community Rules, Architectural & Enforcement Policies · Sec. Covenant Enforcement & Fine Policy, Sections 2 & 4 · Page 1
Assessing an immediate $50 administrative fee on the first notice and Unlimited $25/day fines violates MCIOA fining reforms
Operative Clause · Sec. Covenant Enforcement & Fine Policy, Sections 2 & 4 (Page 1)
“Imposition of Escalating Daily Fines and Automatic Assessment of Administrative Collection Fees — Upon detection of a violation of the Jonathan Architectural Guidelines or Covenants, Management shall send…”
Why It’s Flagged
Minn. Stat. § 515B.3-102(a)(11) & § 515B.3-1151(e) (MCIOA, as amended by 2023/2024 MN Omnibus Housing Laws HF 2268 / SF 3492)
Under Minn. Stat. § 515B.3-102(a)(11) (as amended effective Jan.
1, 2024), an association may levy reasonable fines ONLY after giving the unit owner written dated notice containing the specific violation, the amount of the fine, the right to a hearing before the board or a committee, and a reasonable time to cure before any fine or fee is imposed.
Furthermore, under the 2024 MCIOA amendments, a single fine may not exceed $100 for a first violation (unless health/safety), total fines plus late/admin fees for a single continuing violation are capped (e.g., $2,500 cap), and management company administrative fees cannot be tacked onto a first warning notice.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Section Covenant Enforcement & Fine Policy, Sections 2 & 4 to conform with Minn. Stat. § 515B.3-102(a)(11) & § 515B.3-1151(e) (MCIOA, as amended by 2023/2024 MN Omnibus Housing Laws HF 2268 / SF 3492) prior to board adoption.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
#
Potential Issue Surfaced in Initial Scan
Document
Severity
#2
Reserve Funding & Capital Assessment Procedure Conflict
Association Bylaws
HIGH LEGAL RISK
#3
Assessment Collection & Mandatory Pre-Lien Notice Procedure Gap
Declaration / CC&Rs
HIGH LEGAL RISK
+ Full Set
Additional Governing Documents You Load (Up to 10 PDFs) — Amendments, Rules, ARC Guidelines & Cross-Document Hierarchy
Up to 10 PDFs
INCLUDED IN $699 AUDIT
FULL GOVERNING DOCUMENT AUDIT · UP TO 10 PDFS · $699
What the Full Analysis Checks & How It Works
Statutory & Federal Check: Audits up to 10 PDFs (CC&Rs, Bylaws, Rules & Amendments) against Minnesota statutes, Federal law, and local codes.
Cross-Document Hierarchy Check: Flags internal contradictions where Rules, Policies, or Bylaws conflict with your recorded Declaration.
Marked-Up PDFs for Board & Counsel: Boxes each issue on the source page with the controlling statute cited and sample discussion wording.
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