Harkins v. Grant Park Association
Minneapolis · MN · Minnesota Supreme Court
MIXED · records
What happened
Member Aaron Harkins requested postal and e-mail addresses of all members to organize bylaw amendments. Grant Park Association produced only names (and said it would not provide e-mail addresses). Pleadings practice followed under Minn. Stat. § 515B.3-118 and the bylaws. The district court granted the association judgment on the pleadings; the court of appeals reversed. The Minnesota Supreme Court held associations must disclose maintained records falling in statutory categories—including membership records such as member e-mail addresses if kept—and affirmed that Harkins stated a claim (Apr. 6, 2022).
What the court (or agency) held
Under Minn. Stat. § 515B.3-118, a common-interest association need not disclose every document it possesses, but must disclose all records it maintains that fall within the statute's listed categories, including "records of membership." Bylaws tracking the statute require the same. Judgment on the pleadings for the association was improper where the complaint adequately alleged entitlement to member e-mail addresses the association maintained—member-favorable on the disclosure standard, still mixed because it is not a final production order on every document.
Why this matters for members
This result is MIXED — a partial win, not a clean sweep on every claim. If the association keeps e-mail addresses as membership records, Minnesota's CIC statute can require disclosure to members. Boards cannot invent narrower disclosure than the statute/bylaws by producing names only.
What the member did
Requested membership contact records in writing and sued under MCIOA and the bylaws after incomplete production.
Questions for the board
- What membership contact fields do we maintain (postal, e-mail, phone), and how do we respond to § 515B.3-118 requests?
- Do our bylaws mirror or narrow statutory records categories, and have we verified consistency with the Act?
- What privacy notice do we give members about association use/disclosure of contact data?
Questions for a lawyer
- Which categories in current § 515B.3-118 cover the contact data our client seeks or is asked to produce?
- What defenses remain after Harkins if an association claims it does not "maintain" e-mail addresses?
- How should a demand letter and complaint be framed to survive pleadings motions?
Citation
Harkins v. Grant Park Association, 972 N.W.2d 381; A20-0937 (Minn. 2022) (2022-04-06). Minnesota Supreme Court. Outcome chip: MIXED. Flags: MIXED. Source: https://minnlawyer.com/files/2022/04/OPA200937-040622.pdf
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.