It is very common for subdivisions and planned communities to be governed by homeowners’ associations – often referred to as “HOAs”. The lots in these subdivisions are also typically subject to covenants, conditions, and restrictions (“CCRs”) contained in the “declarations” that invest the HOAs with the power to govern those communities. Homeowners in these communities may wonder if those CCRs can be changed in the future without their consent.
Real Estate Litigation
Fredrikson & Byron has the knowledge and experience to assist our clients in lease, financing, construction, title, purchase and sale, and valuation disputes, as well as mortgage foreclosures, contract for deed cancellations, workouts, and zoning and other land-use issues.
What We Do
We explore all avenues that might lead to resolution without litigation, while at the same time positioning our clients in case litigation is necessary. We negotiate with confidence because we have the litigation capabilities to pursue judicial resolution. If a dispute ends up in court, we are zealous advocates on behalf of our clients, and we know how to win.
We have also successfully negotiated and implemented a multitude of reorganizations and other loan restructurings. Because we have represented many different interests in troubled real estate projects, we offer practical advice to clients who want to preserve maximum value in an adverse situation. Our experience in representing borrowers and mortgage lenders gives us the insight to achieve the most advantageous result through negotiation, litigation and bankruptcy proceedings.
Real Estate Dispute Resolution Services
- Land Use Issues
- Landlord/Tenant Disputes
- Lease Disputes
- Lender, Construction and Title Disputes
- Loan Restructuring and Workouts
- Mortgage Foreclosures
- Purchase and Sale Disputes
- Contract for Deed Disputes and Cancellations
- Valuation-Related Disputes
- Construction Companies
- Property Managers
- Property Owners of All Sizes
- Individual Investors
- Mortgage Processors
- Small and Large Institutions and Businesses
- Representative Lists of Clients Available Upon Request
News & Articles
March 31, 2022
By: Mark W. Vyvyan
Home improvement projects often end with disputes between the owner and contractor regarding the quality of the work done and the amount due the contractor.
January 7, 2022
The desirability of lakeshore property is no secret. This desirability often creates conflicts between existing lakeshore owners who want to maintain the status quo by preventing development and developers looking to build and sell lake homes.
October 28, 2021
New homebuyers often discover imperfections in their newly-constructed homes. Some of these imperfections are construction defects and others are simply part of the construction process. Homeowners may assume they have warranty coverage against construction defects, but they have often signed documents disclaiming or limiting warranty coverage.
January 29, 2021
A recent Wisconsin Court of Appeals’ decision illustrates the importance of specificity when drafting restrictive covenants.
March 16, 2020
Minnesotans often have questions about their legal rights and responsibilities in dealing with water and the damage it can cause their homes and other real property.
June 13, 2017
When it comes to trees, Minnesota law allows neighbors to take the law into their own hands under the right circumstances.
June 2, 2017
Governor Dayton has signed into law House Bill 1538, which adds additional requirements for condominium and townhome homeowners associations wishing to bring construction defect claims against developers.
Attorney Mark Savin Will Address the Effects of Sea Level Rise on Property Rights at International Conference in the Hague
October 17, 2016
Eminent domain lawyer, Mark Savin, will speak at the 13th annual Brigham-Kanner Property Rights Conference in The Netherlands, October 21, 2016.