Minnesota Legislature
HF 2823
2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 04/09/2010 11:10am
Current Version - 2nd Engrossment
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A bill for an act
relating to real property; clarifying a definition; making changes relating to
common interest community certificates; amending Minnesota Statutes 2009
Supplement, sections 507.235, subdivision 1a; 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 507.235, subdivision 1a,
is amended to read:
Subd. 1a.
Requirements of vendor.
(a) A vendor entering into a contract for deed
involving residential real property must, contemporaneously with the execution of the
contract for deed:
(1) deliver to the vendee a copy of the contract for deed containing original
signatures in recordable form; and
(2) pay, or reimburse the vendee for payment of, any delinquent taxes necessary for
recordation of the contract for deed, unless the contract for deed provides for the vendee to
pay the delinquent taxes.
(b) For purposes of this subdivision:
(1) "contract for deed" deleted text begin has the meaning given in section 559.202, subdivision 2deleted text end new text begin
means an executory contract for the conveyance of residential real property under which
the seller provides financing for the purchase of the residential real property and under
which the purchaser does or has a right to go into possession. Contract for deed does
not include:
new text end
new text begin
(i) a purchase agreement;
new text end
new text begin
(ii) an earnest money contract;
new text end
new text begin
(iii) an exercised option or a lease, including a lease with an option to purchase; or
new text end
new text begin (iv) a mortgage, as defined in section 287.01new text end ; and
(2) "residential real property" deleted text begin has the meaning given in section 559.202, subdivision
2deleted text end new text begin means real property occupied, or intended to be occupied, by one to four families, if
the purchaser intends to occupy the real property. Residential real property does not
include property subject to a family farm security loan or a transaction subject to sections
583.20 to 583.32new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to contracts for deed acknowledged on or after the effective date.
new text end
Sec. 2.
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. 3.
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. 4.
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. 5.
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. 6.
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. 7.
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.