One sentence in the Minnesota Common Interest Ownership Act decides who pays for a hailstorm. It is in Minn. Stat. § 515B.3-113(b), it has three clauses, and it reads:

The association may, in the case of a claim for damage to a unit or units, (i) pay the deductible amount as a common expense, (ii) assess the deductible amount against one or more of the units affected in any reasonable manner, or (iii) require the unit owners of one or more of the units affected to pay the deductible amount directly.

That is the whole allocation rule. There is no dollar cap in it. There is no vote in it. There is no waiting period, no hardship provision, and no ceiling tied to the unit's value or the owner's income. The board picks one of the three and the money follows.

I went looking for what the 2026 Legislature did to that sentence, because the Revisor's posted section text carries an amendment banner and the posted text lags the session law. The answer is that the 2026 amendment to § 515B.3-113 changed two things, neither of them this one.

What an association is actually required to buy

Section 515B.3-113(a) obligates the association, from no later than the first conveyance of a unit to a unit owner other than the declarant, to maintain two coverages — but only "to the extent reasonably available". Property insurance on the common elements, for broad form covered causes of loss, in a total amount of not less than the full insurable replacement cost of the insured property — and then the phrase that carries the entire article: "less deductibles". The replacement-cost standard is measured net of whatever deductible the policy carries. Take two hypothetical policies on identical buildings, one with a $10,000 wind-and-hail deductible and one with $250,000: both satisfy the same statutory standard. The Act sets a floor on the amount of coverage and says nothing at all about the size of the gap underneath it.

The second required coverage is commercial general liability, "in an amount, if any, specified by the common interest community instruments or otherwise deemed sufficient in the judgment of the board". That is a real delegation: for liability limits, the statutory standard is the board's judgment.

Subsection (b) then extends the property coverage inward. In a community whose units — or structures inside units — share or have contiguous walls, siding, or roofs, the master policy has to cover those units too, not just the common elements. Townhomes, twins, and stacked condominiums all land here. And the same subsection lists seven categories the master policy need not cover inside the unit: ceiling and wall finishes, finished flooring, cabinetry, finished millwork, the electrical and HVAC equipment and plumbing fixtures serving that single unit, built-in appliances, and any other improvements and betterments "regardless of when installed."

If the required insurance is not reasonably available at all, subsection (c) requires this: "If the insurance described in subsections (a) and (b) is not reasonably available, the association shall promptly cause notice of that fact to be hand delivered or sent prepaid by United States mail to all unit owners." That is the Act's entire answer to a hard market — tell the owners.

Where the line falls between the two policies

Owners may buy their own coverage on top of the association's, and subsection (f) says so in one line. Subsection (d)(4) then resolves the overlap: where both policies cover the same property, the association's policy is primary. Subsection (e) puts the association in the driver's seat on the claim itself — the loss is adjusted by and with the association, the proceeds are payable to the association or its insurance trustee, and the proceeds are disbursed first to repair the damaged common elements and units.

The owner's exposure is at the far end of that sequence, in subsection (h): "Subject to subsection (b), the cost of repair or replacement of the common elements in excess of insurance proceeds and reserves shall be paid as a common expense, and the cost of repair of a unit in excess of insurance proceeds shall be paid by the respective unit owner." Shortfall on the common elements spreads across everyone. Shortfall on a unit lands on that unit's owner.

Sitting alongside that is § 515B.3-107(a), on upkeep, which the 2026 Legislature did amend — splitting the rule by the age of the community. Under Laws 2026, ch. 61, § 23, communities created before August 1, 2017 are governed by the older, narrower rule: damage from a unit owner's or the association's acts or omissions is the responsibility of whoever caused it. Communities created on or after August 1, 2017 get the broader version, which expressly reaches "damage resulting from the unit owner's or association's lack of maintenance or failure to perform necessary repairs or replacement". Two neighbors on the same block, in associations platted three years apart, now answer to materially different fault rules.

What the 2026 amendment to the insurance section actually did

Laws 2026, ch. 61, § 25 amended § 515B.3-113 in exactly two places, and I read the session law side by side with the posted text to be sure.

First, the subrogation waiver in subsection (d)(2). The old text required the policy to waive subrogation against "any unit owner of the condominium". The amendment replaces that with any unit owner of a unit in the common interest community — extending a protection that had been written for condominiums to planned communities and cooperatives as well. That is a genuine improvement for owners, and a quiet one.

Second, subsection (d)(4) gains an exception that runs the other way for a narrow class: a declaration may provide that, for liability claims arising out of the use of a limited common element assigned to a unit restricted to nonresidential use, the unit owner's own policy is primary rather than the association's. Commercial units in mixed-use buildings, not the residential owner this article is about.

Subsection (b) — the deductible-allocation sentence, the seven excluded categories, the improvements-and-betterments assessment — is word-for-word identical in the session law and the pre-amendment text. Chapter 61 did not touch it. Neither did the other 2026 act that rewrote much of the chapter, Laws 2026, ch. 82, which amends § 515B.1-103, .2-119, .3-102, .3-103, .3-106, .3-107, .3-115, .3-1151, .3-116, .4-1021, .4-107, and .4-116 — and not § 515B.3-113. Two acts, fifty-six sections between them, and the sentence that decides who pays a hail deductible came through untouched.

Chapter 61 was signed April 29, 2026 and chapter 82 on May 12, 2026. Neither § 25 of chapter 61 nor § 5 of chapter 82 carries its own effective-date clause, so under Minn. Stat. § 645.02 both took effect August 1, 2026. Most of chapter 82's owner-protection sections carry an express January 1, 2027 date instead.

What did change: the warning label

Chapter 82 attacked the disclosure side of this problem, hard, and it deserves credit for it.

Section 515B.3-106 requires an association's bylaws to provide for an annual report delivered to every unit owner at or before the annual meeting, and subsection (c) sets that report's minimum contents. Clause (5) already required a detailed description of the insurance coverage. It now also requires the amount of the association's deductible and this notice: "IF THE ASSOCIATION LEVIES A LOSS ASSESSMENT, THE UNIT OWNER IS PERSONALLY RESPONSIBLE FOR PAYING IT, EVEN IF THE UNIT OWNER DOES NOT HAVE SUFFICIENT INSURANCE COVERAGE". That section carries no separate effective date, so it has been law since August 1, 2026. If you own a unit in Minnesota, the deductible figure is supposed to be in your next annual report.

For buyers, § 515B.4-107 requires a seller other than the declarant — unless the resale is exempt under § 515B.4-101(c) — to furnish the purchaser, before any purchase agreement is executed or otherwise before conveyance, a resale disclosure certificate from the association dated within the prior 90 days. The certificate's statutory form at subsection (b) gets a new item under the insurance heading, effective January 1, 2027:

The association's master insurance has deductible amounts for property damage and wind or hail claims that may be assessed to a unit as a "loss assessment." The unit owner, at the time a loss assessment is due, is personally liable for payment of a loss assessment. The deductible and potential loss assessment amount is subject to change each year when the association purchases new insurance.

Then a sentence recommending that the owner buy loss-assessment coverage at least equal to the association's deductible, and then, in capitals: "IF THE ASSOCIATION LEVIES A LOSS ASSESSMENT, YOU ARE PERSONALLY RESPONSIBLE FOR PAYING IT, EVEN IF YOU DO NOT HAVE SUFFICIENT INSURANCE COVERAGE."

That is the right warning in the right document. It also has a hole in it. The new-construction disclosure statement at § 515B.4-1021(15) requires the dollar amount of the association's deductible, and so does the master-association provision at clause (xiii), and so does the annual report at § 515B.3-106(c)(5). The resale certificate gets the narrative warning and the capital letters — but the phrase "the amount of the association's deductible" appears three times in chapter 82 and not once in the section amending the resale certificate. A buyer of a new unit will be told the number. A buyer of a resale unit will be told that a number exists.

The same act did other real work on the collection end. An association must adopt a written collection policy and give every owner a copy, requiring at least three separate notifications before an account goes to a law firm or a collection agency, one of them by certified mail (§§ 515B.3-115(k), .3-1151(k), effective January 1, 2027). Fines are capped at $100 for a single violation unless owners of units holding a majority of the association's votes approve a greater amount at a board meeting — with exceptions for a repeat violation of the same conduct and for three enumerated categories: a serious and immediate impact on health or safety, physical damage to another unit or a common element, and use of the property for financial enrichment, including renting in violation of the documents. Interest on delinquent assessments is capped at eight percent and late fees at the greater of $20 or five percent of the amount owed. And foreclosure gets a floor: "The association's lien may be foreclosed as provided in this subsection, provided that an association may not commence foreclosure unless common expenses and special assessments and fines that meet the conditions for exception to the limit specified in section 515B.3-102(a)(11), are delinquent for more than three months."

The notice that does not attach

Now put the notice rules next to each other, because the mismatch is the finding.

Section 515B.3-102(c) requires a dated, written notice — stating the amount and the reason, identifying the act or omission, describing the owner's right to be heard, and warning that unpaid amounts are liens that can lead to foreclosure — for a fine, and for a damage assessment under § 515B.3-115(g) or § 515B.3-1151(g). It does not reference § 515B.3-113(b). A $100 fine for a dog in the wrong hallway triggers a seven-element statutory notice and a hearing right. A deductible allocation under § 515B.3-113(b) triggers neither, because § 515B.3-113 contains no notice provision of its own.

What the owner does get: notice of the meeting, if the allocation is taken up at one — not less than 21 nor more than 30 days for an annual meeting, not less than seven nor more than 30 for a special meeting, under § 515B.3-108(b). The disclosures chapter 82 just added. And, on the other side, a lien on the unit from the moment the assessment becomes due, perfected by the recording of the declaration with no further filing required, foreclosable in a condominium or planned community in the same manner as a mortgage containing a power of sale, with a six-month redemption period from the date of sale or a lesser period authorized by law (§ 515B.3-116(a), (h)(1), (h)(4)).

As for the vote: § 515B.3-103(a) provides that except as expressly prohibited, the board "may act in all instances on behalf of the association", and § 515B.3-1151(c) lets a board levy a special assessment where the declaration so provides, for four enumerated purposes — emergency expenditures, replenishing underfunded replacement reserves, unbudgeted capital expenditures or operating expenses, and replacing certain components under § 515B.3-114(a) where that alternative funding method is approved. Owners elect the directors. They do not vote on the master policy, the deductible, or the allocation. From January 1, 2027 a board will generally need the approval of owners holding a majority of the votes to fine anyone more than $100. No vote of the owners is required to move a five-figure deductible onto a single unit.

The numbers Minnesota has, and the numbers nobody has

Here is what the public data can support.

Minnesota has 199,701 owner-occupied homes that are attached or in a multi-unit building — 12.1 percent of the state's 1,652,534 owner-occupied homes, per the Census Bureau's 2023 five-year American Community Survey, table B25032, which I pulled from the Census summary file and totaled. Broken out: 130,807 single attached units (townhomes and twins), 11,985 in two-unit buildings, 9,085 in three- or four-unit buildings, and 47,824 in buildings of five or more.

They are cheaper than detached houses, and I can put a number on that too. Dividing aggregate value (table B25080) by unit counts (B25032) for Minnesota gives a mean value of $378,361 for owner-occupied detached houses against $300,157 for the attached and multi-unit group — a gap of $78,204, or about 21 percent. The two tables share a universe and both reconcile: the category counts sum to 1,652,534 units and the category aggregates sum to $595,827,052,700, matching each table's own total line exactly.

One inconvenient correction to the usual framing, including my own: this is not the cheapest owner-occupied housing in Minnesota. Manufactured homes are, at a mean value of $96,150 across 48,301 owner-occupied units — and those owners face a different trap entirely. Condominiums and townhomes are the cheaper conventional entry point, not the cheapest housing.

On the storms, the National Oceanic and Atmospheric Administration's Storm Events Database recorded 3,845 hail events in Minnesota from 2016 through 2025. Of those, 3,021 carried a recorded stone diameter of one inch or more, 741 of an inch and three-quarters or more, 355 of two inches or more, and the largest single record in the decade was six inches. The storms are real, they are frequent, and they are documented down to the county.

The dollars are not. Of those 3,845 Minnesota hail records, the property-damage field is blank on 1,121, entered as zero on 2,629, and carries any nonzero dollar figure on 95 — 2.5 percent. That is not a broken query. In the same state over the same decade the same field carries a nonzero figure on 30.0 percent of flash-flood records, 28.4 percent of tornado records, 18.6 percent of flood records, and 14.7 percent of thunderstorm-wind records. The field works. It simply is not filled in for the peril that drives association deductibles in Minnesota.

And on the question the whole article turns on — what Minnesota associations actually pay in premiums, what deductibles they carry, and how much gets assessed to owners — there is no public Minnesota dataset. I looked, and here is where:

So the honest answer is that Minnesota knows, to the county, how many times it hailed. It does not publish what that cost the people who own a townhome. Nobody is hiding it; nobody was ever told to collect it.

What a board is facing, given full weight

Everything above is a critique of the statute, not of the people serving on boards, and the distinction matters.

Hail and water losses in Minnesota are severe and they are not speculative — 3,845 hail events in ten years, hundreds of them at golf-ball size or larger, is not a rhetorical device. Insurers priced that. A volunteer board renewing a master policy in this market is handed a quote with a wind-and-hail deductible attached and a premium, and the honest choice set is a higher premium, a higher deductible, or thinner coverage. There is no fourth column. A board that responds by underinsuring does far more damage to its owners than one that assesses: an underinsured association facing a total-loss roof claim has no proceeds, and § 515B.3-113(h) sends the shortfall on the common elements to everyone as a common expense anyway, on top of a building that cannot be repaired on schedule. Assessing a deductible is frequently the least-bad option available, made by neighbors who are not paid, who did not set the price, and who cannot make the market offer something it is not offering. The statute hands them a choice among three allocations and no tools for softening any of them. That is the Legislature's omission, not theirs.

What we can do

Put the number in the resale certificate. Chapter 82 requires the dollar amount of the association's deductible in the annual report and in the new-construction disclosure statement, and gives resale buyers only a narrative warning. Add "the amount of the association's deductible" and the association's written deductible-allocation policy to the resale disclosure certificate at § 515B.4-107(b), item 9, so the number reaches the buyer before the purchase agreement rather than after the storm.

Require a written allocation policy in advance, adopted before a loss. Section 515B.3-113(b) lets a board choose among three allocations "in any reasonable manner" after a claim is already in hand. Requiring the policy to be adopted, disclosed, and unchanged for the policy year would take nothing from the board's discretion and give every owner an amount they can insure against and budget for. Pair it with the notice already required for fines under § 515B.3-102(c) — amount, reason, right to be heard — applied to allocations under § 515B.3-113(b).

Define "loss assessment" in § 515B.1-103. Chapter 82 puts the term in capital letters in three statutory notices and in the resale certificate. It appears nowhere in the chapter's definitions. A term of art that determines personal liability, and whose insurability the state is now formally recommending owners buy, should have a statutory definition and a stated relationship to § 515B.3-113(b) and to the special-assessment authority in §§ 515B.3-115(c) and .3-1151(c).

Make the ombudsperson publish, and give the office something to count. Section 45.0137, subd. 4(c) already requires the ombudsperson to compile and analyze complaints. Convert subdivision 4(e) from reports on request into a required annual public report with counts — complaints by category, including special assessments and insurance — and add a one-page annual filing from associations above a size threshold reporting master-policy premium, wind-and-hail deductible, total special assessments levied, and the number of units assessed. Three data points and a denominator, published in aggregate, would answer in one year a question that today has no answer at all.

Fix the vintage split, one way or the other. Chapter 61 wrote two different fault rules into § 515B.3-107(a), divided by whether the community was created before or after August 1, 2017. Owners cannot look at a building and know which rule governs their roof. Whichever rule the Legislature prefers, it should apply to all of them.

Minnesota just spent two bills and a session rewriting this chapter, and it got the warning label almost right. The rule underneath the label is still a board's choice among three allocations, with no cap, no advance policy, and no notice of its own. First the facts. Then the fix.


Sources

Statutes and session laws. Minn. Stat. § 515B.3-113 (INSURANCE), read both as posted at revisor.mn.gov (History line ending 2010 c 267 art 3 s 10) and, because the posted section carries a 2026 amendment banner, in the session law at Laws 2026, ch. 61, § 25 (S.F. No. 3622; presented to the governor April 28, 2026; signed April 29, 2026, 11:21 a.m.) — relied on for subsection (a)(1) property-insurance standard including "less deductibles" and "to the extent reasonably available", (a)(2) commercial general liability in the board's judgment, (b) shared-wall coverage, the seven excluded interior categories, the improvements-and-betterments assessment and the three-clause deductible allocation, (c) notice when insurance is not reasonably available, (d)(2) and (d)(4) as amended, (e) adjustment and proceeds, (f) owner's own insurance, (g) 60-day cancellation notice, (h) shortfall allocation, and (k) nonresidential waiver; the strike-and-insert markup of ch. 61, § 25 shows changes only at (d)(2) and (d)(4), and subsection (b) is identical to the pre-amendment text; Minn. Stat. § 515B.3-107 (UPKEEP) as amended by Laws 2026, ch. 61, § 23, creating the pre-/post-August 1, 2017 split in subsection (a), and as separately amended by Laws 2026, ch. 82, § 6 adding subsections (e) and (f) effective January 1, 2027.

Laws 2026, ch. 82 (S.F. No. 1750; presented to the governor May 11, 2026; signed May 12, 2026, 12:39 p.m.), relied on for § 1 amending Minn. Stat. § 515B.1-103 definitions (adding "first mortgage", "first mortgagee", "governing documents", "property manager"; effective the day following final enactment); § 3 amending § 515B.3-102, including the $100 fine cap and majority-owner approval to exceed it, the eight percent interest cap and the $20-or-five-percent late-fee cap at (a)(17) and (a)(18), the notice contents at subsection (c), and new subsections (g), (h), and (i), effective January 1, 2027; § 5 amending § 515B.3-106(c)(5) to require the amount of the association's deductible and the all-capitals loss-assessment notice in the annual report, with no separate effective-date clause; §§ 7 and 8 amending §§ 515B.3-115 and 515B.3-1151 to require that the proposed budget be made available before the approval meeting and to require a written collection policy with three notifications and one certified mailing, effective January 1, 2027; § 9 amending § 515B.3-116(h) to bar commencing foreclosure unless the amounts are delinquent more than three months, effective January 1, 2027 for foreclosures commenced on or after that date; § 10 creating § 515B.3-125 (legal-fee notice); § 11 amending § 515B.4-1021(15) and clause (xiii) to require the amount of the association's deductible; § 12 amending § 515B.4-107 (resale) to add the reserve study, the collection policy, and new item 9.c of the resale disclosure certificate; § 13 amending § 515B.4-116 to prohibit retaliation; § 14 creating § 515B.5-101; and § 15 (APPLICATION). The phrase "the amount of the association's deductible" appears in ch. 82 at §§ 5, 11(15)(ii), and 11(xiii), and does not appear anywhere in § 12.

Other Minnesota statutes, read raw at revisor.mn.gov: § 515B.3-1151 (assessments for communities created on or after August 1, 2010), subsection (c) special-assessment authority and the four permitted purposes, and subsection (k) limiting the section by creation date; § 515B.3-115 (the parallel section for communities created before August 1, 2010); § 515B.3-116 (lien for assessments), subsections (a) perfection by recording, (b) priority, (d) three-year limit, (e) personal liability, and (h) foreclosure and the six-month redemption period; § 515B.3-108(b) meeting-notice windows of 21 to 30 days and seven to 30 days; § 515B.3-103(a) and (b) on the board's authority and the owners' election of directors; § 515B.3-1141 (replacement reserves), which contains no reserve-study requirement; § 515B.4-107(b) resale disclosure certificate form, items 2, 4, 5, and 9; § 45.0137 (common interest community ombudsperson), subdivisions 2, 4(c), 4(d), 4(e), and 5, enacted by Laws 2025, 1st Spec. Sess., ch. 4, art. 7, § 2; and § 645.02, under which an act without a specified date takes effect August 1 next following final enactment.

Data, computed from primary files this pass. U.S. Census Bureau, 2023 American Community Survey five-year estimates, table B25032 (Tenure by Units in Structure) and table B25080 (Aggregate Value by Units in Structure), Minnesota row 0400000US27, downloaded from the table-based summary file at www2.census.gov and totaled here: 1,652,534 owner-occupied units, 1,403,865 detached, 130,807 single-attached, 11,985 in two-unit buildings, 9,085 in three-or-four, 47,824 in buildings of five or more, 48,301 mobile homes, aggregate value $595,827,052,700; means of $378,361 detached, $300,157 attached-and-multi-unit, $96,150 mobile home; labels taken from the Census Bureau's ACS 2023 5-year table shells file. NOAA National Centers for Environmental Information, Storm Events Database, bulk detail files for 2016 through 2025 (file versions c20260323 through c20260819), filtered to STATE = MINNESOTA and EVENT_TYPE = Hail: 3,845 events; magnitude at or above 1.00 inch on 3,021, 1.75 inches on 741, 2.00 inches on 355, maximum 6.0 inches; DAMAGE_PROPERTY blank on 1,121, zero on 2,629, and nonzero on 95 (2.5 percent), against nonzero rates of 30.0 percent for Flash Flood, 28.4 percent for Tornado, 18.6 percent for Flood, and 14.7 percent for Thunderstorm Wind in the same state and decade; field definitions from the database's own Storm-Data-Export-Format documentation. U.S. Census Bureau and HUD, American Housing Survey 2023 national and metropolitan public-use files (v1.1 flat CSV), weighted with the WEIGHT variable: 86,852,745 owner-occupied units, 24,038,123 (27.7 percent) in a condominium, cooperative, or homeowners association, weighted median monthly fee $331 for condominium and cooperative units and $54 for homeowners-association-only units, with fee scope per the AHS 2023 Definitions entry for "monthly homeowner or condominium association fee amount"; the CBSA codes present in the two files are 12060, 14460, 16980, 17140, 17460, 19100, 19740, 19820, 26420, 31080, 33100, 33340, 35380, 35620, 37980, 38060, 40140, 41860, 42660, and 47900, and do not include 33460, identified as Minneapolis-St. Paul-Bloomington, MN-WI in the Census Bureau's 2023 CBSA delineation file list1_2023. The Census Bureau's data API returned a 302 redirect to its missing-key page for the same queries, which is why the ACS figures come from the summary files.

This piece describes Minnesota statutes as written. It is not legal advice, it does not address any particular association, policy, declaration, or assessment, and reading it creates no attorney-client relationship, and no reader should act on it in their own dispute without counsel who has read their governing documents.

Could not verify: the dollar value of association master-policy premiums, wind-and-hail deductibles, or special assessments in Minnesota — no public Minnesota dataset reports any of the three, and I did not estimate them; the total number of common interest communities or association-governed units in Minnesota, which no state agency appears to publish; whether the Department of Commerce common interest community ombudsperson has issued any report under Minn. Stat. § 45.0137, subd. 4(e), which the office's public pages do not show; how the Revisor will merge the two separate 2026 amendments to the eleven sections that both acts amend from the same Minnesota Statutes 2024 base text — §§ 515B.1-103, 515B.2-119, 515B.3-102, 515B.3-103, 515B.3-106, 515B.3-107, 515B.3-1151, 515B.3-116, 515B.4-1021, 515B.4-107, and 515B.4-116 — so the printed 2026 text of those sections may read differently from either act alone; and whether any Minnesota appellate decision has construed the "in any reasonable manner" standard in § 515B.3-113(b), which I did not search. This article runs past the house 1,100-to-1,400-word norm because two 2026 session laws and four computed datasets were required to state the rule correctly; nothing verified was cut to shorten it. Corrections: campaign@madgettformn.com.

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