July 4, 2025 | Mark Luis Foster

The beat goes on with Channel 5’s (KSTP) coverage of the lawsuit from homeowners who live in the Avonlea Townhome HOA in Lakeville, MN.

The lawsuit was filed in Dakota County last week and follows a large re-roofing project, which is purported to cost about $2.5 million. On June 5,  the townhome association sent a letter to homeowners stating that estimated damages from a 2023 hailstorm would total that amount, or roughly $17K per unit. The emailed stated that repair job includes “a full roof replacement for 26 buildings and a partial replacement for six others.”

Channel 5’s reporting goes on:

The email goes on to say that under Minnesota law and the association’s governing documents, the HOA board is “legally obligated to repair the damaged roofs. This duty is not optional and cannot be waived or subjected to a vote.”

This is true. HOA boards are obligated to make the best decisions they can based on the information they receive from professionals that require damage be repaired to maintain property values. Having residents vote on these issues is not an obligation.

Channel 5 implicates the property manager, at least in part:

FirstService Residential, the property management company for the Avonlea Townhome Association, did not respond to a request for comment Thursday.But in a June 27th email, a FirstService Residential spokesperson says that following the 2023 hailstorm, the association “engaged GAVNAT Public Adjusters, an independent, third-party firm, to inspect the property. GAVNAT and the insurance company confirmed extensive storm-related damage and ultimately agreed that damage more than $2.5 million had occurred. The roofing contractor is Gittleman Construction and Maintenance Corporation, which describes itself online as an affiliate of FirstService Residential.”

Five residents have secured Attorney Steven Little, who comments:

“Most of these roofs have no damage at all,” he says. “We have independent roofing contractors’ reports that show there’s nothing wrong with these roofs. These are people’s homes, and now they’re being threatened with losing their homes for an association lien closure if they’re not able to come up with the $17,000.”

No mention of course about the fact that residents should have an HO-6 policy that would cover the $17K or the vast majority of it. Traditionaly such policies only cost several hundred dollars per year.

See the KSTP update HERE.