Rosewood Village West
HOA Accountability Project
An independent investigation into governance failures, conflicts of interest, and financial irregularities affecting homeowners in our community.
Key Findings
A forensic analysis of HOA records reveals systematic governance failures and questionable financial practices that affect every homeowner.
Overpayment of Assessments
Forensic review of payment ledgers shows homeowners have overpaid base assessments, yet the HOA continues collection actions.
Non-Lienable Fees as Lien Basis
The HOA's lien is based entirely on fees that Minnesota law explicitly prohibits from being included in lien amounts under MCIOA § 515B.3-116.
Dual-Role Conflict of Interest
The registered HOA President simultaneously serves as CFO of the paid management company, creating an inherent conflict.
Improper Notarization
Legal documents were notarized by an individual with direct financial interest in the outcome—a violation of notary ethics.
Excessive Legal Fees
$1,718.50 in attorney fees assessed over 22 months on an account that was current on base dues—fees that created, rather than collected, debt.
Governance Failures
No evidence of properly noticed annual meetings, legitimate board elections, or compliance with open meeting requirements.
Conflicts of Interest
The relationship between the HOA Board and its management company reveals a pattern of self-dealing that breaches fiduciary duties owed to homeowners.
Rosewood Village West HOA
Nonprofit serving homeowner interests
Community Association Group
For-profit mgmt company paid by HOA
Why This Matters
Mr. O'Brien cannot faithfully execute his duty to the HOA (which includes overseeing CAG's performance and controlling costs) while simultaneously executing his duty to CAG (which is to maximize its revenue). This is the textbook definition of a conflict of interest.
📜 The Notarization Problem
Donald J. O'Brien, in his capacity as a Notary Public, personally notarized Becky L. Nordquist's signature on critical legal documents including:
- Lien Statement against homeowner property (June 7, 2022)
- Power of Attorney to Foreclose Lien (July 24, 2023)
Financial Analysis
A detailed examination of assessment payments reveals the HOA's claimed debt consists entirely of disputed, non-lienable fees.
✓ Minnesota Law Is Clear
Under MCIOA § 515B.3-116(a), as amended August 2023, attorney fees and collection costs cannot be included in the lien amount that forms the basis for foreclosure. The HOA's demand violates this statute.
Timeline of Collection Actions
Lien Statement Filed
Initial lien filed against property, notarized by conflicted party
Power of Attorney to Foreclose
Foreclosure authorization document signed, again improperly notarized
Bankruptcy Filing
Chapter 13 bankruptcy filed (Case No. 25-31686)
Post-Petition Payments Begin
Regular assessment payments made; payments acknowledged by HOA
Demand Letter Received
Hellmuth & Johnson demands $1,787.50 including prohibited attorney fees
Know Your Rights
Minnesota law provides strong protections for homeowners. Understanding these rights is the first step toward accountability.
Lien Limitations
Attorney fees and collection costs cannot be included in the lien amount. Liens can only be based on unpaid assessments, not disputed fees.
Right to Records
You have the right to inspect and copy membership records and financial records of the association upon written request.
Meeting Requirements
Annual meetings must be properly noticed. Board meetings must be open to all members except for limited executive sessions.
Board Elections
Directors must be elected by the membership. Self-appointed boards that never hold elections violate statutory requirements.
Membership List Access
Your governing documents guarantee the right to examine records of the names and addresses of all owners.
Fair Debt Collection
Debt collectors (including law firms) cannot misrepresent debts or attempt to collect amounts not legally owed.
📋 Request Your Records
Every homeowner has the right to request a complete account ledger and the HOA's financial records. Here's how:
- Submit a written request citing MCIOA § 515B.3-118
- Send via certified mail to both CAG and the Board
- Keep copies of all correspondence
- Document any failure to respond within 10 business days
Refusal to provide records is itself a violation and evidence of non-compliance that strengthens any legal action.
Take Action
Change requires a coalition of informed homeowners. Here's how you can help restore accountability to our community.
Review Your Account
Request your complete payment ledger from CAG to identify any irregular fees or charges.
Know Your Neighbors
Use Dakota County Beacon GIS to identify all properties and connect with fellow owners.
Demand Transparency
Submit formal records requests under § 515B.3-118 for financials and meeting minutes.
Join the Coalition
Connect with other concerned homeowners to share information and coordinate action.
Share Your Story
Have you experienced similar issues with billing discrepancies, lack of transparency, or governance concerns? Your documentation could help establish a pattern of conduct.
All communications are confidential. We do not share personal information without explicit consent.