HF 1738

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/15/2023 09:11am

A bill for an act
relating to real property; requiring common interest communities to file annual
reports and bylaws with the attorney general; amending Minnesota Statutes 2022,
section 515B.3-106.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 515B.3-106, is amended to read:

515B.3-106 BYLAWS; ANNUAL REPORT.

(a) A common interest community shall have bylaws which comply with this chapter
and the statute under which the association is incorporated. The bylaws and any amendments
may be recorded, but need not be recorded to be effective unless so provided in the bylaws.

(b) The bylaws shall provide that, in addition to any statutory requirements:

(1) A meeting of the members shall be held at least once each year, and a specified
officer of the association shall give notice of the meeting as provided in section 515B.3-108.

(2) An annual report shall be prepared by the association and a copy of the report shall
be provided to each unit owner at or prior to the annual meeting.

(c) The annual report shall contain at a minimum:

(1) a statement of any capital expenditures in excess of two percent of the current budget
or $5,000, whichever is greater, approved by the association for the current fiscal year or
succeeding two fiscal years;

(2) a statement of the association's total replacement reserves, the components of the
common interest community for which the reserves are set aside, and the amounts of the
reserves, if any, that the board has allocated for the replacement of each of those components;

(3) a copy of the statement of revenues and expenses for the association's last fiscal year,
and a balance sheet as of the end of said fiscal year;

(4) a statement of the status of any pending litigation or judgments to which the
association is a party;

(5) a detailed description of the insurance coverage provided by the association including
a statement as to which, if any, of the items referred to in section 515B.3-113, subsection
(b), are insured by the association; and

(6) a statement of the total past due assessments on all units, current as of not more than
60 days prior to the date of the meeting.

new text begin (d) The association must file the annual report, a copy of the bylaws, and any amendments
with the Office of the Attorney General.
new text end