Right to Repair Passed in St. Paul

The November elections changed a lot of the landscape in Minnesota and in some states across the country. It also implemented some local and county legislation that was on the ballots, including one in St. Paul. Voters there approved a new ordinance giving residential tenants greater authority to address maintenance problems when their landlords fail to make necessary repairs. The measure passed November 3 with approximately 79% voter support, creating a new Tenant Right-to-Repair Ordinance under Chapter 34A of the Saint Paul Legislative Code.

For homeowner associations, particularly condominium and townhome communities with rental units, the ordinance raises an important question: What happens when a tenant wants to repair something the HOA is responsible for maintaining?

What Does the New Ordinance Allow?

Under the ordinance, a tenant who identifies a qualifying repair can provide written notice to the landlord describing the problem and stating an intention to arrange repairs if the issue is not addressed.

The landlord generally has 14 days to respond and complete the required repair, subject to procedures for disputing whether work is necessary. If the landlord fails to act as required, the tenant may arrange qualifying repairs and seek reimbursement or deduct eligible costs from rent.

The amount is generally limited to $500 or one-half of one month’s rent, whichever is greater.

Repairs must be performed properly, with licensed professionals when required by law. The ordinance does not authorize tenants to recover costs for damage they deliberately or negligently caused. According to the city, the ordinance became effective November 10, 2026, and additional implementation guidance is being developed.

Why Could This Affect HOAs?

Consider a condominium or townhome owner who rents their unit to a tenant. The tenant discovers a leaking window that allows water to enter the residence. The tenant contacts the owner, but the problem remains unresolved.

Under the condominium’s governing documents, however, exterior windows may be the responsibility of the association rather than the individual owner.

So… who has the authority to arrange repairs? Who selects the contractor? And what happens if a tenant hires someone to work on association-controlled property?

These questions illustrate the potential complications when rental housing regulations intersect with the Minnesota Common Interest Ownership Act (MCIOA).

A landlord’s obligation to a tenant does not automatically give the tenant authority to modify property controlled by an HOA. Likewise, an association’s maintenance responsibilities do not necessarily eliminate the landlord’s separate legal obligations to the renter. The precise answer depends on the repair, applicable law and governing documents.

Common Property Creates Additional Questions

The ordinance contemplates certain repairs involving shared building areas.

That could create concerns involving roofs, exterior walls, windows, plumbing systems, common hallways and other components maintained by an association. Allowing unauthorized work on shared property could create insurance problems, warranty disputes, construction defects or conflicts with existing vendor contracts.

Saint Paul officials previously raised concerns about possible conflicts between the ordinance and state law. Consequently, HOA boards should avoid assuming that the ordinance overrides MCIOA, recorded declarations or applicable building-permit requirements. The city’s implementation guidance expressly acknowledges that the ordinance must be applied consistently with other governing laws.

What Should St. Paul HOA Boards Do?

Associations with rental properties should take several practical steps:

1. Review maintenance responsibilities. Identify which building components belong to individual owners and which are maintained by the association.
2. Establish repair procedures. Make it easy for landlords and tenants to report urgent maintenance problems.
3. Communicate with rental owners. Explain that repairs involving association-controlled property generally require coordination with the HOA.
4. Respond promptly. Maintain clear procedures for addressing water intrusion, unsafe conditions and other time-sensitive complaints.
5. Consult legal counsel. Review potential conflicts involving tenant rights, association authority, insurance and contractor access.

Boards should also ensure property managers understand how to respond when tenants report problems involving common elements.

A Reminder About Maintenance Responsibilities

Saint Paul’s ordinance reflects growing public concern about rental housing conditions and delayed repairs. For HOA communities, it reinforces the importance of clearly defined maintenance obligations and responsive management. Although the ordinance applies within Saint Paul, its implications deserve attention from HOA leaders throughout Minnesota. Other communities may consider similar tenant protections.

The best way for associations to avoid disputes is to understand their maintenance responsibilities, communicate them clearly and address legitimate repair concerns before they become larger problems. For HOA boards, proactive maintenance isn’t simply good property management. It is increasingly important to navigating the relationship between homeowners, tenants and the law.