CAI-MN Member News
Michael D. Klemm Recertified as Real Property Law Specialist
The Minnesota State Bar Association (MSBA) announces the recertification of Michael D. Klemm of Dougherty, Molenda, Solfest, Hills & Bauer PA as a MSBA Board Certified Real Property Law Specialist. This Certification program is administered by the MSBA and approved by the State Board of Legal Certification. The certified specialist designation is earned by leading attorneys who have completed a rigorous approval process, including an examination in the specialty area, peer review, and documented experience. Certified attorneys have demonstrated superior knowledge, skill and integrity in their specific field and can use the designation of specialist to advertise their credentials. The
Secrets continued from page 22 ever, the Association Manager who then expresses concern to the general populace is likely to experience a short job tenure. And homeowners don’t like hearing that they need to pay a higher assessment, particularly if they have a short-term perspective due to age (the “no green bananas” syndrome) or due to other personal circumstances.
Federal and State Law Governs What Your Community Can Do
When the Association Manager helps the Board draft rules and regulations, he/she needs to know that the Fair Housing Act prohibits adult-only pool hours because that is considered to be familial discrimination; that Boards can’t prohibit absentee owners from renting to tenants receiving Section 8 rent assistance; that persons with disabilities 34
Minnesota Communit y Living
may be entitled to a waiver of your pet policies but we can’t invade a person’s privacy by discussing their disability at an open meeting; or that those “no one under 18 years” age restrictions in your 1970s governing documents aren’t enforceable.
The Customer Is Not Always Right
For years, Association Managers and Boards have complained about “renter mentality”. This term describes the owner who wants to receive the tax benefits and potential appreciation in value that comes from owning real estate but doesn’t want the responsibility of maintaining it, and consequently expects the Association to do that for them. In recent years, a new mindset has appeared: the “customer mentality”. This describes the entitlement attitude whereby the owners consider
MSBA has been accredited as an independent professional organization for certifying attorneys as Criminal Law Specialists, Real Property Law Specialists, Civil Trial Law Specialists and Labor and Employment Law Specialists. This achievement has been earned by fewer than 3% of all licensed Minnesota attorneys. More information about Certified Legal Specialists is at http://www2.mnbar. org/certify. With more than 16,000 members, the MSBA is the state’s largest and most influential voluntary organization of attorneys, providing continuing legal education and public service opportunities for lawyers, and assistance to the legal system. The MSBA has been accredited as an independent professional organization for certifying attorneys as Real Property Law Specialists since 1988.
themselves to be the Association’s customers and feel that it is quite acceptable to demand as much service as they can get, regardless of legal of budget constraints. This will frequently include reminders to the Association Manager that, “After all, I am the customer and you need to remember that the customer is always right!” This may be accompanied by threats against the Manager’s job security, accusations that you are discriminating against them, or are not treating them with the proper respect. At this point, some Association Managers conclude that they are dealing with someone who will make their life miserable if they don’t get what they want, and they will cave in to their demands. The alternative is to tell them that they are not the “customer”, and that the community is your client, but that may be considered too blunt and politically incorrect.