Landsway Association Case Study

Thank you for selecting Roeder Smith Jadin, PLLC (“RSJ”) to provide legal advice regarding the Donna M. Varga Conciliation Court Matter. This letter sets forth our recommendations and opinions on this topic.

Our opinions and recommendations are based on the facts your provided to us; our review of the Courtyard of Landsway Association’s (the “Association”) Declaration, Bylaws, Articles of Incorporation and Rules and Regulations (collectively known as the “Governing Documents”); and applicable Minnesota law, including Minnesota Nonprofit Corporation Act, Minn. Stat. § 317A (the “Act”).

I. Factual Background The Courtyard of Landsway Association is a Minnesota nonprofit corporation. It was created pursuant to the Act in April 2003. The Association
Specifically, the Bylaws state that the Association has authority to:

“[I]mpose reasonable charges for the review, preparation and recordation of amendments to the Declaration or Bylaws, resale certificates required by Section 5l5B.4—l07 of the Act, statements of unpaid assessments, or furnishing copies of Association records.”

Section 6.4.13. This provision is consistent with Minn. Stat. § 515B.3-118 which states that associations must keep “financial records sufficiently detailed” and must make them “reasonably available for examination by any unit owner.” The statute also says that:

“The association may require the unit owner or the authorized agent to pay a fee for copies, which must not exceed:

(1) the actual costs of making or electronically transmitting the copies and searching for and retrieving the requested records, including the cost of agent or employee time for responding to the request; or

(2) if 100 or fewer pages of black and white, letter or legal size paper copies are requested, no more than 25 cents for each page copied, instead of actual
Here, the Association improperly reassessed its legal fees to Ms. Varga. As a result, Ms. Varga is now pursuing a judgment against the Association for those improperly reassessing those legal fees, plus seeking an award for her legal fees and overcharges associated with copying the records. Under Minnesota she is entitled to pursue these damages. Minn. Stat. § 515B.4-116 states,

“In addition to any other rights to recover damages, attorney’s fees, costs or expenses […] if a […] an association […] violates any portion of this chapter, or any provision of the declaration, bylaws, or rules and regulations any person or class of persons adversely affected by the failure to comply has claim for appropriate