Where-oh-Where is Mr/Mrs O

Remember that Ombudsperson law that was passed in July of 2025? If you remember, they had a guy, they lost a guy, and now the crickets are chirping.

So let’s review. Minnesota established a new Common Interest Community Ombudsperson Office in 2025 to help homeowners and homeowner associations better understand their rights and resolve disagreements without expensive litigation. But just over a year after the legislation was enacted, the program is already facing a significant challenge.

We checked their site and confirmed through several sources: The Minnesota Department of Commerce reports that demand for its Ombudsperson services exceeds available resources, and the office is temporarily not accepting requests for informal mediation. 

One wonders where the local press is on this issue (more crickets).  Our own attorneys in our network have also heard nothing. Nada.

The Ombudsperson Goal

You may remember that the “new” office operates within the Minnesota Department of Commerce. Its mission was to provide a neutral resource for homeowners, tenants and associations seeking to understand their rights under the Minnesota Common Interest Ownership Act (MCIOA) and applicable governing documents.

According to their site, the program was designed to provide several services:

• Education: Explain common HOA laws and governing-document provisions in understandable language.
• Information and referrals: Direct homeowners and associations to appropriate resources.
• Informal mediation: Help homeowners and associations voluntarily resolve disputes.
• Complaint tracking: Identify recurring problems and trends within Minnesota associations.
• Legislative reporting: Provide lawmakers with information and recommendations about common-interest communities.

Importantly, the office was not designed to function as an HOA regulatory enforcement agency. This question does come up a lot.

What Can The Ombudsperson Actually Do?

Again, from their site, the Ombudsperson can provide general information about the applicable laws and governing documents and, when mediation services are available, help the parties explore a voluntary resolution if there is a dispute between board and homeowner. However, the Ombudsperson cannot order the association to make repairs, overturn a board decision, impose penalties or provide legal representation.

The program is intended to encourage understanding and cooperation, not replace the authority of HOA boards or the courts. Participation in informal mediation is voluntary. Neither the homeowner nor the association can be compelled by the Ombudsperson to accept a particular resolution.

And Why Are They Overwhelmed?

The Department of Commerce currently posts a notice stating that demand for assistance exceeds its resources, responses may be delayed and informal mediation requests are not being accepted. The department has not publicly identified a date when mediation services will resume. As we mentioned, their first official guy was fired or dismissed (hard to know what is true — no real disclosure there).

There seems to be people pushing paperwork in that office, but not much more. They had been interviewing to replace the position — but that was months and months ago. How long does it take to hire someone at the state level?

Although their notice demonstrates that the office is experiencing substantial demand, it does not establish exactly how many complaints have been received or why demand is exceeding available resources.  We have reached out several times for information — but again, crickets.

Our position is that the Ombudsperson Office and its current capacity challenges should not overshadow the value of providing education and accessible alternatives to litigation.  That is why our network exists, after all.

But they do demonstrate that establishing a program is only the first step. Providing sufficient resources to meet demand is equally important. For HOA boards, the lesson is straightforward: The best dispute is often the one resolved through communication before outside intervention becomes necessary.