Overturning an HOA Board’s Decision in Minnesota

According to the Minnesota Common Interest Ownership Act Section 515B.3-103(b):

“The board may not act unilaterally to amend the declaration, to terminate the common interest community, to elect directors to the board, or to determine the qualifications, powers and duties, or terms of office of directors, but the board may fill vacancies in its membership created other than by removal by the vote of the association members for the unexpired portion of any term.”

Generally speaking, though, the HOA board can make decisions without consulting homeowners. These include decisions to adopt, amend, or revoke rules, adopt or amend budgets, hire employees and managing agents, and more. Some HOAs’ governing documents allow owners to petition the board to reverse a decision, though it depends on your CC&Rs and bylaws.