Private Controls

Private controls: restrictions or rules place by private parties, such as developers, sellers, or HOAs, to limit or guide how property may be used

Deed restrictions: written limitations placed in a deed by a previous owner or developer

• Key features:

  • “run with the land” - binding to future owners

  • Enforceable by HOA, developer, or neighbors

  • Enforced via civil lawsuit, not government action

  • Can limit:

    • Building height/size

    • Use (e.g., residential only)

    • Pets, fences, paint color

    • Parking or vehicle type

    • Business operation from home

CC&Rs (covenants, conditions, and restrictions): formal private rules recorded by a developer or HOA, used in common interest communities like condos and townhomes

• Common CC&Rs cover:

  • Architectural guidelines (roof color, siding, fences)

  • Landscaping and maintenance requirements

  • Use restrictions (no business, no RV parking)

  • HOA dues and assessments

  • Pet or rental limits

• Enforcement:

  • By HOA or neighbors

  • Through injunction or civil lawsuit

  • Cen result in fines, liens, or legal action

HOA rules and bylaws

• Enforce community standard by:

  • Rules and regulations (day-to-day use)

  • Bylaws (how HOA is ran - elections, meetings)

  • CC&Rs (use restrictions)

• HOA powers:

  • Levy dues and assessments

  • Enforce rules

  • Foreclose for unpaid dues (in some cases)

  • Maintain shared areas

MN specific

• MCIOA (MN Common Interest Ownership Act)

  • Applies to condos, townhomes, co-ops

  • Requires disclosure of:

    • CC&Rs

    • Financial statements

    • Rules and bylaws

  • Gives buyer 10-day rescission period after disclosure

• Enforcement in MN:

  • Deed restricted enforced via civil lawsuit

  • Easements and encroachments must be recorded to appear in title search

  • HOAs may have foreclosure rights for unpaid assessments under MCIOA