Practice areas: Real Estate, Land Use & Zoning; view more
Licensed in Minnesota since: 1999
Education: University of Minnesota Law School
Selected to Super Lawyers: 2022 - 2025 
Selected to Rising Stars: 2008 - 2013 Details
A partner at the Edina, Minnesota, real estate law firm of Hellmuth & Johnson, Michael D. Klemm assists clients with commercial and residential real estate transactions, construction and development, and land use and zoning issues. He is board-certified by the Minnesota State Bar Association as a real property law specialist, and he leads the firm's land use, zoning and development team.
Mr. Klemm understands that real estate law can get complicated, and he explains these issues in plain English so his clients understand exactly what their situation is. For more than 20 years, he has efficiently represented individuals, businesses, owners, developers, builders, lenders, and associations. He also has more than 10 years' experience as a municipal attorney, representing cities regarding subdivision, platting, land use, zoning, and development issues.
Well-organized and detail-oriented, Mr. Klemm has been recognized for his work in real estate law by Best Lawyers for the past four years, and in Minnesota Monthly Top Lawyers in Minnesota in 2023, and he received Community Associations Institute's national Award of Excellence in Government and Public Affairs. For his professionalism and high ethical standards, he has been rated “Superb” on Avvo.
After graduating with high distinction from the University of Minnesota-Morris with a B.A. in psychology in 1996, Mr. Klemm received his Juris Doctor from the University of Minnesota Law School cum laude in 1999. He was licensed to practice in Minnesota the same year.
Professionally affiliated with many organizations, Mr. Klemm is a member of the Minnesota State Bar Association’s Property Law Section and the Hennepin County Bar Association. Additionally, he was appointed as chairman of the Shakopee Chamber of Commerce and its Public Policy Committee, and he was elected as the chairman of the Minnesota Legislative Action Committee of Community Associations Institute and as President of the Minnesota Chapter of Community Associations Institute.
An eloquent speaker and writer, Mr. Klemm has spent a significant amount of his time educating his community about the complexities of real estate law. He has authored many articles in various journals and magazines, including the Real Estate Agent Magazine and Minnesota Community Living magazine. He has presented continuing legal education seminars for attorneys and many seminars for Realtors, community association managers, and real estate owners.
Practice areas
Real Estate: Business, Land Use/Zoning, Real Estate: ConsumerFocus areas
Condominiums & Cooperatives
- 80% Real Estate: Business
- 10% Land Use/Zoning
- 10% Real Estate: Consumer
First Admitted: 1999, Minnesota
Professional Webpage: https://hjlawfirm.com/minneapolis-attorneys/michael-d-klemm/
Bar/Professional Activity:
- Member of NAIOP Commercial Real Estate Development Association. , 2024
- Member of The CCIM Institute - Minnesota/Dakotas Chapter. , 2024
- Member of MNCAR - Minnesota Commercial Association of Real Estate/Realtors. , 2024
- Member of Minnesota Common Interest Ownership Act ("MCIOA") Committee of Real Property Law Section of Minnesota State Bar Association from 2011 to 2023. The MCIOA Committee considers potential amendments to Minnesota Statutes Chapter 515B, reviews legislative proposals that potentially impact common interest communities, and supports, opposes or proposes modifications to proposed new legislation., 2023
- Moderator for debates at Shakopee Chamber of Commerce 2022 Candidate Forum, featuring candidates for Shakopee City Council, Shakopee Mayor, Shakopee School Board, Scott County Attorney, Scott County Commissioner District 3, Minnesota House District 54A, Minnesota House District 54B, and Minnesota Senate District 54., 2022
- Member of Board of Directors (2017-2022) and Chairman of Board of Directors (2019) of Shakopee Chamber of Commerce and Convention and Visitors Bureau. The Shakopee Chamber promotes the civic, commercial, industrial, agricultural, social and economic interests of the City of Shakopee, Minnesota, and vicinity., 2022
- Chairman (2020-2022) and Member (2017-2022) of Shakopee Chamber of Commerce Public Policy Committee . In 2018, 2020, and 2022, the Public Policy Committee organized and hosted primary election and general election candidate debates for city, county, and state elections. The Public Policy Committee also researched and analyzed the cost of establishing new businesses in Shakopee and surrounding communities and worked with the City of Shakopee regarding business and land use regulations., 2022
- Member of Board of Directors of Shakopee Chamber Foundation (2018-2022). The Shakopee Chamber Foundation assisted in coordinating local business involvement to help launch the Academies of Shakopee, small learning communities at Shakopee High School organized around areas of interest including Arts and Communication, Business and Entrepreneurship, Engineering and Manufacturing, Health and Science, Human Services, and Science and Technology., 2022
- Member and Community Service Chair of Shakopee Rotary Club. Coordinated community service projects including highway cleanup and preparation of free meals through Loaves and Fishes. , 2022
- Moderator for debates at Shakopee Chamber of Commerce 2020 Candidate Forum, featuring candidates for Shakopee City Council, Scott County Commissioner, Minnesota House, and Minnesota Senate., 2020
- Chairman of Minnesota Legislative Action Committee of Community Associations Institute (2018-2020). The Legislative Action Committee represents the interests of condominiums, cooperatives, homeowners associations and service providers regarding state legislation relevant to the creation and operation of common interest communities., 2020
- President of Minnesota Chapter of Community Associations Institute. Lead the Board of Directors in providing education, events and resources for community association managers, volunteer community association leaders and service providers., 2014
Transactions:
- Represent national retailer regarding purchase agreements and ground leases for new retail facilities across Minnesota. , 2024
- Represent city and economic development authority regarding conversion of mixed-use retail and senior living facility to condominium form of ownership. , 2024
- Represent residential construction company and related entities regarding real estate acquisition, development, construction and sale of single-family homes. , 2024
- Represented national food distributor regarding acquisition and financing of cold storage warehouse facility., 2024
- Represented a real estate development company regarding tax increment financing in connection with development of a mixed-use project including approximately 170 apartment units and 3,000 square feet of commercial space, 2023
- Represented transportation company regarding zoning and land use regulations in connection with purchase and development of land in industrial park., 2022
- Represented campground owner/operator in simultaneous acquisition of three recreational vehicle campgrounds in Minnesota to expand national membership camping program. Coordinated acquisition or transfer of zoning and land use approvals, licenses, and permits from Minnesota Department of Natural Resources, Minnesota Department of Health, cities, counties, and townships., 2021
- Represented a real estate development company in connection with property acquisition, financing, redevelopment and sale of build-to-suit projects for tenants in banking, retail and restaurant sectors with total project value exceeding $30 million
Special Licenses/Certifications:
- MSBA Board Certified Real Property Law Specialist
Pro bono/Community Service:
- Merit Badge Counselor for Boy Scouts of America. Volunteer as merit badge counselor for Law, Citizenship in the Community, Citizenship in the Nation, Citizenship in the World, and Emergency Preparedness., 2023
- Member and Community Service Chair of Shakopee Rotary Club. Coordinated community service projects including highway cleanup and preparation of free meals through Loaves and Fishes. , 2022
- Assistant Scoutmaster for Boy Scouts Troop 619. Volunteered to assist scouts with community service, leadership experience, camping, outdoor skills, rank advancement and progress toward Eagle Scout., 2017
- Member and past Chairman of the City of Shakopee Board of Adjustment and Appeals, a quassi-judicial body which reviews applications for conditional use permits and variances and considers appeals of administrative decisions., 2016
- Member and Past Chairman of the City of Shakopee Planning Commission. The Planning Commission assists the City Council in reviewing development proposals and enforcing the City's zoning and subdivision ordinances., 2016
Honors/Awards:
- Each year, Community Associations Institute honors a select group of individuals who have made significant contributions to CAI and the community association way of life., Award of Excellence in Government and Public Affairs, Community Associations Institute, 2021
Educational Background:
- B.A. Psychology, University of Minnesota-Morris, with high distinction, National Merit Scholar, Honors Program, 1996
- J.D., University of Minnesota Law School, cum laude, Honors in Legal Research and Writing, 1999
Scholarly Lectures/Writings:
- The purchase agreement or lease should include a detailed framework for due diligence. The key issues for a prospective buyer or tenant include: (i) which due diligence activities shall, or may, be performed, (ii) which party is responsible for performance, (iii) which party is responsible for the costs, (iv) the timeline for completion, and (v) the rights and obligations of the parties if the buyer or tenant is not satisfied with the findings. The key due diligence issues for a seller or landlord include the foregoing, and also may include issues such as (vi) liability for personal injury or property damage, (vii) insurance requirements, (viii) indemnification, (ix) restoration of the property to its prior condition, (x) interference with business operations, (xi) communication with tenants or employees, (xii) notice prior to entering the property, (xiii) a right to accompany the prospective buyer, tenant, or its agents, and (xiv) confidentiality., Author, Due Diligence in Commercial Real Estate Transactions, Hellmuth & Johnson Blog, 2023
- A purchase price escalation clause provides that an offer to buy real estate will automatically increase to exceed any other offer by a certain amount (see examples below). An escalation clause may be an effective way to make the highest bid; however, an escalation clause should be used only in appropriate circumstances and should be carefully drafted to protect the buyer. , Author, Escalation Clause Tips and Traps for Buying a Home (or an Island), Hellmuth & Johnson Blog, 2022
- This article addresses three alternatives for keeping the seller’s low mortgage interest rate that may be appropriate for certain home buyers in Minnesota: Assumption of Mortgage, Contract for Deed, and Lease with Option to Buy. , Author, Three Alternatives for a Buyer to Keep a Seller's Low Mortgage Interest Rate, Hellmuth & Johnson Blog, 2022
- Commercial leases typically address a variety of issues that may be relevant to COVID-19 and its impacts, such as force majeure, eminent domain, waiver, and amendment requirements. , Author, Covid-19 and Commercial Real Estate Leases in Minnesota, Hellmuth & Johnson Blog, 2020
- Important Deal Points Regarding Subleasing and Assignment: In what circumstances is landlord consent required? What is the standard for landlord consent? What information must be provided regarding the proposed subtenant or assignee? What are the landlord’s alternatives? When is the landlord’s response due? What is the effect if the landlord fails to provide a timely response? What are the landlord’s remedies if a sublease or assignment is made without requesting consent? Will the assignor be released from liability for the tenant’s obligations after an assignment? Will a guarantor be released from liability for the tenant’s obligations after an assignment? What is the effect of subleasing on the obligations of the tenant and the guarantor?, Author, Subleasing and Assignment Provisions in Commercial Leases, Hellmuth & Johnson Blog, 2020
- How to create and enforce fair rules and regulations for community associations., Real Estate Continuing Education Instructor, Rules & Regulations, Hellmuth & Johnson Community Association Seminar, 2018
- Minnesota Statutes Chapter 515B, the Minnesota Common Interest Ownership Act (“MCIOA”), was amended in 2017 to establish new requirements regarding preventative maintenance plans and construction defect claims. This seminar reviewed the framework of rights and obligations that has been in place since 1994 and explained the new requirements in detail, with practice tips for attorneys representing developers and associations. This seminar also explored the politics behind the amendment through review of legislative testimony. This seminar considered the perspectives of mayors, builders, community associations and management companies. This seminar also addressed the discrepancy between the session law and the statute regarding applicability of the new requirements to existing associations., Continuing Legal Education Instructor, MCIOA Amendments: Preventative Maintenance Plans and Construction Defect Claims, Hennepin County Bar Association Continuing Legal Education, 2018
- In 2018 - 25 years after Minnesota Statutes Chapter 515B was enacted - the key definitions of "Residential Use," "Conversion Property" and "Declarant" were amended. This seminar reviewed these statutory changes, the condominium conversion project that lead to these changes, and the practical effects on community associations, developers and condominium unit purchasers. This seminar also covered an amendment to the statute of limitations for construction defect claims under Minnesota Statutes Section 541.051, subd. 1(a)., Real Estate Continuing Education Instructor, 2018 Legislative Update, Minnesota Chapter of Community Associations Institute, 2018
- This seminar provided detailed review and explanation of the new requirements for preventative maintenance plans, maintenance schedules and maintenance budgets for community associations under Minnesota Statutes Chapter 515B. , Real Estate Continuing Education Instructor, Preventative Maintenance Plans, Hellmuth & Johnson Community Association Seminar, 2018
- Based on the author's experience as an assistant city attorney and real estate attorney, this article provides practical advice for community associations, unit owners and builders in connection with obtaining building permits for decks and other improvements that cross boundary lines between units and common elements in common interest communities., Author, Crossing the Line? Obtaining Building Permits for Decks in CIC’s, Hellmuth & Johnson Blog, 2017
- Embezzlement is a risk for every condominium, cooperative and townhouse association. This seminar provided real-life examples of embezzlement situations, responses and outcomes, and practical advice for establishing policies and controls to prevent or minimize the effects of embezzlement in community associations., Real Estate Continuing Education Instructor, Community Association Embezzlement, Hellmuth & Johnson Community Association Seminar, 2017
- Community associations are subject to applicable state and federal fair housing laws. This seminar covered recent changes regarding the use of criminal background screening in leasing decisions, based on the U.S. Department of Housing and Urban Development's guidance on application of the Fair Housing Act standards to the use of criminal records by providers of housing and in real estate transactions., Real Estate Continuing Education Instructor, Fair Housing Issues, Hellmuth & Johnson Community Association Seminar, 2017
- This seminar provided an inside view of the 2017 amendments to Minnesota Statutes Chapter 515B regarding disclosure requirements and warranties, based on the speaker's involvement in the legislative process as a member of the Minnesota Legislative Action Committee of Community Associations Institute., Real Estate Continuing Education Instructor, MCIOA Disclosure Requirements, Warranties and Legislative Issues, Minnesota Chapter of Community Associations Institute, 2017
- This article summarizes six common alternative practices that landowners may wish to consider in lieu of a standard buffer under the Minnesota “buffer law,” which requires land owners to create buffers on land that is adjacent to public waterways to minimize the entry of runoff., Author, Implementation of Minnesota’s Buffer Law: Alternative Practices, Hellmuth & Johnson Blog, 2017
- This article informed Realtors of new disclosure requirements under Minnesota Statutes Chapter 515B., Author, New CIC Disclosure Requirements Real Estate Agents Need to Know, Real Estate Agent Magazine, 2017
- This seminar provided detailed analysis and guidance concerning regulation of satellite dishes, exterior antennas and cable television in condominiums, cooperatives and townhouse associations, based on regulatory authority under Minnesota Statutes Chapter 515B and limitations under the federal Over-The-Air Reception Devices ("OTARD") Rule., Real Estate Continuing Education Instructor, Regulation of Satellite Dishes, Antennas & Cable TV in Common Interest Communities, Minnesota Chapter of Community Associations Institute, 2016
- This article provided an update regarding the use of criminal background information in leasing decisions, based on guidance from the U.S. Department of Housing and Urban Development pursuant to the federal Fair Housing Act., Author, Criminal Records and Fair Housing, Minnesota Community Living magazine, Minnesota Chapter Of Community Associations Institute, 2016
- Quoted in Community Associations Institute's national magazine regarding criminal history screening in community associations., https://www.caionline.org/CommonGround/Pages/default.aspx, Common Ground, CAI's Magazine for Community Association Leaders, 2016
- This seminar covered legal requirements and practical advice for screening prospective tenants effectively and legally, and essential landlord and tenant obligations., Continuing Legal Education Instructor, Fundamentals of Landlord-Tenant Law, Sterling Education Services, Inc., 2016
- This article provided practical advice for community association leaders regarding preparing for emergencies in their communities., Author, Coordinating Emergency Preparedness with Police and Fire, Minnesota Community Living magazine, Minnesota Chapter Of Community Associations Institute, 2015
- In 2014, bills were introduced in the Minnesota House and Minnesota Senate attempting to limit association’s authority to regulate solar energy systems. This article provided an in-depth look at the proposed solar legislation, the national context, and CAI’s public policies on this topic., Author, Solar Legislation, Minnesota Community Living magazine, Minnesota Chapter Of Community Associations Institute, 2015
- This seminar addressed the allocation of responsibility for construction and maintenance of streets, sidewalks and utilities, based on the speaker's experience as an assistant city attorney and real estate lawyer., Real Estate Continuing Education Instructor, Construction and Maintenance of Streets, Sidewalks & Utilities, Minnesota Chapter of Community Associations Institute, 2015
- This seminar covered the current legislative session based on the speaker's experience as a member of the Minnesota Legislative Action Committee of Community Associations Institute., Real Estate Continuing Education Instructor, The Legislative Process in Action, Minnesota Chapter of Community Associations Institute, 2015
- As President of the Minnesota Chapter of Community Associations Institute, I wrote this article to encourage volunteer board members to review and follow the governing documents of their community associations and key state and federal laws., Author, Know Where You're Going?, Minnesota Community Living magazine, Minnesota Chapter Of Community Associations Institute, 2014
- This seminar addressed the legal requirements for community association board meetings under Minnesota Statutes Chapters 317A and 515B and practical advice for efficient board meetings., Real Estate Continuing Education Instructor, Board Meetings, Minnesota Chapter Of Community Associations Institute, 2014
- This article is addressed to community association managers and volunteer board members to summarize basic contract provisions including identification of the parties, term, purpose, time for performance, price, billing and payment terms, insurance, indemnification and warranties., Author, Contracts, Minnesota Community Living magazine, Minnesota Chapter Of Community Associations Institute, 2014
Industry Groups:
- Banking & Finance
- Common Interest Communities
- Land Use
- Real Estate
Selections
4 Years Super Lawyers
6 Years Rising Stars
- Super Lawyers: 2022 - 2025
- Rising Stars: 2008 - 2013
Certificates and credentials
MSBA Board Certified Specialists
Real Property
Real Property
