Minutes of Headwaters Landlord Association General Member Meeting
Date: April 24, 2014
Call to order:
7:04 pm, Beltrami Electric meeting room
President Harry Aylesworth presiding
Board members in attendance:
Kathy Guess, Harry Aylesworth, Dave Kaufman, Duane Sea
Board member not in attendance:
Jeff Grabowski, Lorrie Richardson, Andrew Erholtz, Terry Duy
Old business and announcements:
Dave presented the treasurer’s report indicating the balance in the checkbook is $3099.48 with one expense of $50.00 to Aimee for minutes and one due coming in for $50.00.
Dave presented the plan for the university overlay and how it is impacted by the shore land ordinance. This is a large area of Bemidji spanning from 10th Street to 23rd Street and from the site of the old high school to Lake Bemidji. There is a form based code proposed with an emphasis on “look and feel” of each lot. The DNR is looking into a flexibility agreement regarding eliminating variances within the shore land ordinance.
Harry addressed the issue of the rental ordinance in Bemidji Township. The township plans on reviewing the rental ordinance at an upcoming meeting. Harry and Andrew will attend the meeting and report back to the board members. This is important as other townships may follow.
There was a State Supreme court hearing regarding a city restricting the amount of rentals. The court upheld the decision and a city can restrict the amount of rentals.
New business:
There is concern regarding the potential apartment building that is proposed to be built on the old high school property. There is consideration for Tax Increment Financing. BSU Foundation could not get bonding money to construct dormitories on the site. Is there enough demand for the amount of apartments proposed? This could possibly be a detriment to current landlords in the area. The city of Bemidji benefits from landlords purchasing older properties and improving them. Would landlords want to buy these older properties and repair them if the demand is not there? Individuals that are interested should express their concerns to City Council. Board members will discuss this at the next board meeting.
The general consensus at the general meeting is there should be three general member meetings throughout the year. The meetings would be scheduled for some time in September, January and April. If the need for an emergency meeting arose because of a pertinent issue, the general members would be notified to attend an emergency meeting.
Planned discussion: Security Deposits
The sources used for this information are Home Line (statewide agency tenant advocacy group) and MMHA (Minnesota Multi-housing Association).
The top three complaints Home Line receives are 1.) Repairs 2.) Eviction 3.) Security deposits. The number one reason a landlord takes a tenant to court is for the eviction process and the number one reason a tenant would take a landlord to court is over their security deposit. This issue affects the majority of landlords and the questions listed below will help to address most concerns.
“What every landlord should know about security deposits”
1, Is there a law that regulates how much you can charge for a deposit in Minnesota?
2. Do I have to keep the deposit in a special account or a savings account?
3. What is the difference between an application fee and a security deposit?
4. What is the difference between a security deposit and a damage deposit?
5. What is a prelease deposit and what can it be used for?
6. How much interest am I required to pay and exactly how is it calculated?
7. Can a tenant use the security deposit as last month’s rent?
8. What things should I consider when setting my deposit amount?
9. Can the deposit be increased during the term of the tenancy?
10. What about tenant damages that I know about during the tenancy?
11. What happens to a security deposit if a landlord’s interest in the property ends because of a sale, death or foreclosure?
12. When must the deposit be refunded?
13. What can be deducted from the deposit refund?
14. What should a lease say about security deposit deductions and procedures?
15. Can there be any automatic deductions, such as carpet cleaning?
16. What needs to be included in the deposit accounting to the tenant?
17. How do I prove I complied with the law? The burden of proof is on the landlord.
18. What can the court award a tenant if I am sued in a security deposit dispute?
19. Are there any new laws proposed for this session that would change security deposit procedures?
Adjournment:
The meeting was adjourned at 8:38 pm
March Board Member Meeting Minutes
Minutes of Headwaters Landlord Association Board of Directors Meeting
Date: March 20, 2014
Call to order:
5:02 pm, Lueken’s North Deli Room
President Harry Aylesworth presiding
Board members in attendance:
Andrew Erholtz, Terry Duy, Kathy Guess, Harry Aylesworth, Dave Kaufman, Duane Sea
Board member not in attendance:
Jeff Grabowski, Lorrie Richardson
Old business:
Dave presented the minutes from the previous board members meeting and a treasurer’s report. Motion: Moved by Kathy to approve both the treasurer’s report and the general members meeting minutes from February 20, 2014. Seconded by Terry. Motion carried.
Duane confirmed our next general member meeting will be held at the Beltrami Electric meeting room on April 24th at 7:00 p.m. Board members meet at 6 p.m.
The clean-up of the south shore of Lake Bemidji has been stayed. The City of Bemidji is applying for grant money to help offset the cost of the clean-up. HLA will continue to follow the progress of the project as landlords could be affected by an increase in taxes.
The Greater Bemidji Area Joint Planning Board had their work session regarding the university overlay in relation to the shore land ordinance. Dave attended the work session. Their hired architect presented Bemidji State University’s five year plan. The plans have been approved for Decker and Memorial Hall renovations. There will be two dormitories torn down and two new dormitories built in their place in the future. There are plans for some road changes and parking ramps to be added by the rec center.
The issue of the rental ordinance in Bemidji Township is not on their agenda yet but HLA will continue to watch for any updates regarding the ordinance.
New business:
The upcoming general member meeting will focus on security deposits. Kathy presented the board with a list of questions pertaining to security deposits and the legalities involved. Please send an email to a board member if there are more security deposit questions you would like to see discussed. A few of the resources that will be used to answer these questions are the statue laws, HOME Line (a nonprofit Minnesota tenant advocacy organization), Minnesota Housing Association and the Attorney General’s reference book.
Lorrie obtained a current list of rental property owners from the City. Aimee will make up labels and we will work on sending out a mailing.
Adjournment:
The meeting was adjourned at 6:18 pm