Minnesota Legislature
HF 2823
as introduced - 86th Legislature (2009 - 2010) Posted on 02/10/2010 02:40pm
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A bill for an act
relating to real property; making changes relating to common interest community
certificates; amending Minnesota Statutes 2009 Supplement, sections 508.351,
subdivisions 1, 5, 7; 508A.351, subdivisions 1a, 5, 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2009 Supplement, section 508.351, subdivision 1,
is amended to read:
Subdivision 1.
Condominium declaration.
Prior to recording with the registrar of
titles of a declaration or bylaws for a condominium, or an amendment to the declaration or
bylaws, new text begin or a supplemental declaration pursuant to section 515B.2-111, new text end a determination
must be made by an order of court in a proceeding subsequent to initial registration
or by a written directive of the examiner of titles that the documents comply with the
requirements of the applicable condominium statute.
Sec. 2.
Minnesota Statutes 2009 Supplement, section 508.351, subdivision 5, is
amended to read:
Subd. 5.
Memorials.
The condominium or planned community declaration, bylaws,
any amendment to the declaration or bylaws; new text begin any supplemental declaration pursuant to
section 515B.2-111; new text end any lien against the common elements in a condominium pursuant to
chapter 514; any fixture filing pursuant to section 336.9-314 where the financing statement
describes the common elements in a condominium; any easement on the common elements
in a condominium pursuant to section 515B.3-102, subsection (a)(9); any instrument
evidencing the transfer of a special declarant right pursuant to section 515B.3-104; and
any conveyance or encumbrance of the common elements in a condominium pursuant
to section 515B.3-112 must be entered as memorials on the CICCT only. The entry of a
memorial on the CICCT shall have the same effect as if the memorial was entered on the
certificates of title for the units in the common interest community and on the certificates
of title for the common elements in a planned community.
Sec. 3.
Minnesota Statutes 2009 Supplement, section 508.351, subdivision 7, is
amended to read:
Subd. 7.
Preexisting planned communities.
In the case of a planned community,
as defined in chapter 515B, existing prior to August 1, 2009, on registered land, for which
no CICCT has been issued, upon the recording of any amendment to the declaration of
the planned communitynew text begin , or any supplemental declaration pursuant to section 515B.2-111,
new text end which identifies the common interest community number of the planned community, the
registrar shall issue a CICCT, but documents filed prior to the issuance of the CICCT need
not be entered as memorials on the CICCT. The registrar for no additional fee shall enter
on the certificate of title for each of the units and for the common elements in the planned
community the statement specified in subdivision 4.
Sec. 4.
Minnesota Statutes 2009 Supplement, section 508A.351, subdivision 1a,
is amended to read:
Subd. 1a.
Condominium declaration.
Prior to recording with the registrar of titles
of a declaration or bylaws for a condominium, or an amendment to the declaration or
bylaws, new text begin or a supplemental declaration pursuant to section 515B.2-111, new text end a determination
must be made by an order of court in a proceeding subsequent to initial registration
or by a written directive of the examiner of titles that the documents comply with the
requirements of the applicable condominium statute.
Sec. 5.
Minnesota Statutes 2009 Supplement, section 508A.351, subdivision 5, is
amended to read:
Subd. 5.
Memorials.
The condominium or planned community declaration,
bylaws, any amendment to the declaration or bylaws; new text begin any supplemental declaration
pursuant to section 515B.2-111; new text end any lien against the common elements in a condominium
pursuant to chapter 514; any fixture filings pursuant to section 336.9-314 where the
financing statement describes the common elements in a condominium; any easement on
the common elements in a condominium pursuant to section 515B.3-102, subsection
(a)(9); any instrument evidencing the transfer of a special declarant right pursuant to
section 515B.3-104; and any conveyance or encumbrance of the common elements in a
condominium pursuant to section 515B.3-112 must be entered as memorials on the CICCT
only. The entry of a memorial on the CICCT shall have the same effect as if the memorial
were entered on the certificates of title for the units in the common interest community
and on the certificates of title for the common elements in a planned community.
Sec. 6.
Minnesota Statutes 2009 Supplement, section 508A.351, subdivision 7, is
amended to read:
Subd. 7.
Preexisting planned communities.
In the case of a planned community,
as defined in chapter 515B, existing prior to August 1, 2009, on registered land, for which
no CICCT has been issued, upon the recording of any amendment to the declaration of
the planned communitynew text begin , or any supplemental declaration pursuant to section 515B.2-111,
new text end which identifies the common interest community number of the planned community, the
registrar shall issue a CICCT, but documents filed prior to the issuance of the CICCT need
not be entered as memorials on the CICCT. The registrar for no additional fee shall enter
on the certificate of title for each of the units and for the common elements in the planned
community the statement specified in subdivision 4.