1.1 	A bill for an act
1.2 	relating to real property; providing for the
1.3 	allocation of the common expenses of certain
1.4 	condominiums; amending Minnesota Statutes 2004,
1.5 	section 515A.2-108.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 515A.2-108, is
1.8 	amended to read:
1.9 	515A.2-108 ALLOCATION OF COMMON ELEMENT INTERESTS, VOTES,
1.10 	AND COMMON EXPENSE LIABILITIES.
1.11 	(a) The declaration shall allocate a fraction or percentage
1.12 	of the undivided interests in the common elements, common
1.13 	expenses and votes in the association to each unit in such
1.14 	manner that each of the items is equally allocated or is
1.15 	allocated according to the proportion of the area or volume of
1.16 	each unit to the area or volume of all units, and the items need
1.17 	not be allocated the same for all purposes.  The declaration may
1.18 	provide that a portion of each common expense assessment may be
1.19 	allocated on the basis of equality and the remainder on the
1.20 	basis of area or volume of each unit.  The sum of the
1.21 	percentages or fractions shall equal 100 percent or 1.
1.22 	(b) Except in the case of eminent domain (section
1.23 	515A.1-107), expansion of a flexible condominium (section
1.24 	515A.2-111), relocation of boundaries between adjoining units
1.25 	(section 515A.2-114), or subdivision of units (section
2.1 	515A.2-115), the common element interest, votes and common
2.2 	expense liability allocated to any unit may not be altered,
2.3 	except as an amendment to the declaration which is signed by all
2.4 	unit owners and first mortgagees, and which complies with
2.5 	section 515A.2-119.  The common elements are not subject to
2.6 	partition, and any purported conveyance, encumbrance, judicial
2.7 	sale or other voluntary or involuntary transfer of an undivided
2.8 	interest or involuntary transfer of an undivided interest in the
2.9 	common elements without the unit to which the interest is
2.10 	allocated is void.
2.11 	(c) The association may assess certain common expenses
2.12 	against fewer than all units pursuant to section 515A.3-114.
2.13 	(d) Notwithstanding any provision of chapter 515B or other
2.14 	law, for a condominium originally created under this chapter, in
2.15 	which the area of the largest unit is 2-1/2 times or more larger
2.16 	than the area of the smallest unit, the common expenses must be
2.17 	allocated according to the proportion of the area of each unit
2.18 	to the area of all units.  If the declaration provides for a
2.19 	different allocation of common expenses, each unit sold after
2.20 	the effective date of this paragraph shall be allocated expenses
2.21 	in the proportion required by this paragraph, but the remaining
2.22 	units may continue to be allocated the balance of the common
2.23 	expenses in the proportion provided by the declaration.