1.1 	A bill for an act
1.2 	relating to property; modifying mechanic's lien provisions; modifying certain 
1.3 	probate and trust provisions and clarifying the administrative powers of personal 
1.4 	representatives to sell, mortgage, or lease property of a decedent; making 
1.5 	clarifying, technical, and conforming changes to the Minnesota Common 
1.6 	Interest Ownership Act; providing for filing and status of foreign judgments;
1.7 	amending Minnesota Statutes 2004, sections 514.10; 524.3-301; 524.3-715; 
1.8 	524.3-803; Minnesota Statutes 2005 Supplement, sections 253B.23, subdivision 
1.9 	2; 515B.1-102; 515B.2-101; 515B.2-110; 515B.2-112; 515B.2-121; 515B.3-115; 
1.10 	515B.3-117; 515B.4-101; 515B.4-102; 548.27.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2005 Supplement, section 253B.23, subdivision 2, is 
1.13 	amended to read:
1.14 		Subd. 2.Legal results of commitment status. (a) Except as otherwise provided 
1.15 	in this chapter and in sections 246.15 and 246.16, no person by reason of commitment 
1.16 	or treatment pursuant to this chapter shall be deprived of any legal right, including but 
1.17 	not limited to the right to dispose of property, sue and be sued, execute instruments, 
1.18 	make purchases, enter into contractual relationships, vote, and hold a driver's license. 
1.19 	Commitment or treatment of any patient pursuant to this chapter is not a judicial 
1.20 	determination of legal incompetency except to the extent provided in section 253B.03, 
1.21 	subdivision 6.
1.22 	(b) Proceedings for determination of legal incompetency and the appointment of a 
1.23 	guardian for a person subject to commitment under this chapter may be commenced before, 
1.24 	during, or after commitment proceedings have been instituted and may be conducted 
1.25 	jointly with the commitment proceedings. The court shall notify the head of the treatment 
1.26 	facility to which the patient is committed of a finding that the patient is incompetent.
2.1 	(c) Where the person to be committed is a minor or owns property of value and it 
2.2 	appears to the court that the person is not competent to manage a personal estate, the court 
2.3 	shall appoint a general or special guardian for the person or a conservator of the person's 
2.4 	estate as provided by law.

2.5 	Sec. 2. Minnesota Statutes 2004, section 514.10, is amended to read:
2.6 	514.10 FORECLOSURE OF LIENS.
2.7 	Such liens may be enforced by action in the district court of the county in which 
2.8 	the improved premises or some part thereof are situated, or, if claimed under section  
2.9 	514.04, of any county through or into which the railway or other line extends, which 
2.10 	action shall be begun and conducted in the same manner as actions for the foreclosure of 
2.11 	mortgages upon real estate, except as herein otherwise provided, but the owner or any 
2.12 	person or party having an interest in or lien upon the property against which a lien has 
2.13 	been filed under the provisions of this chapter may bring an action to remove the lien in 
2.14 	the nature of an action to determine adverse claims and subject to all the provisions of law 
2.15 	regarding actions to determine adverse claims. 
2.16 	When an action has been brought, either by the lien claimant to enforce the lien or by 
2.17 	the owner, person or party having an interest in or a lien upon the property against which a 
2.18 	lien claim has been filed to determine adverse claims, as provided herein, application may 
2.19 	be made at any time after such action has been commenced by any of the persons or parties 
2.20 	above mentioned to have the property affected by any such lien, released from the lien by 
2.21 	giving ten days' notice, or such other and shorter notice as the court may order and direct, 
2.22 	to the lien claimant, or the lien claimant's attorney, of intention to apply to the district 
2.23 	court for the release of such lien and of the time and place of hearing. Upon a hearing 
2.24 	upon an application the court shall fix a sum of money or an amount of a bond from a 
2.25 	surety listed on the United States Department of Treasury Circular 570 made payable upon 
2.26 	the entry of judgment as provided in this section to be deposited by the applicant with the 
2.27 	court administrator of the district court, which sum shall not be less than the aggregate 
2.28 	amount of, (1) the amount claimed in the lien statement, (2) $18 for every $100 or fraction 
2.29 	thereof, to cover interest, (3) the probable disbursements in an action to enforce the claim 
2.30 	for which the lien statement was filed, (4) an amount not less than double the amount of 
2.31 	attorneys' fees allowed upon the foreclosure under section  582.01, to cover any allowance 
2.32 	the court may make upon the trial for costs and attorneys' fees in the action or upon 
2.33 	appeal. Upon making a deposit in the amount so fixed in the order of court, an order shall 
2.34 	be made by the court releasing the premises described in the statement thereof from the 
2.35 	effect of such lien. The lien claimant shall have the same right of lien against such money 
3.1 	or bond deposit as against the property released. The order releasing the lien may be filed 
3.2 	in the office of the county recorder or registrar of titles, if registered land, of the county in 
3.3 	which the lien statement is recorded or filed, and thereupon the premises affected shall be 
3.4 	released therefrom. The court shall by the same order discharge any notice of lis pendens 
3.5 	filed in any action in which such lien may be asserted if it appears that all mechanics' liens 
3.6 	filed or recorded against the property covered by the lis pendens have been released. 
3.7 	After the release of the property affected, the judgment ordered in any action either 
3.8 	to enforce such lien or determine adverse claims and remove such lien, in the event that 
3.9 	the lien is established, shall provide that it be paid, and it shall be paid without further 
3.10 	proceedings out of the deposit made as provided herein. The judgment of the district 
3.11 	court establishing a lien, unless a written notice of intention to appeal therefrom is served 
3.12 	on the court administrator of the district court within 30 days from the entry of such 
3.13 	judgment, shall be authority to such court administrator to pay the amount specified in 
3.14 	such judgment to the persons entitled thereto, or their attorney of record in the action from 
3.15 	the amount of money on deposit or to allow the claimant to collect on the bond that has 
3.16 	been deposited. The balance of deposits the deposit of money or bond, if any, shall be 
3.17 	returned to the depositor. If the lien was not a valid and enforceable one, the judgment 
3.18 	shall direct the return of the whole deposit to the depositor unless the claimant obtains 
3.19 	judgment against such depositor personally and in such case the judgment shall be paid 
3.20 	as hereinbefore specified.

3.21 	Sec. 3. Minnesota Statutes 2005 Supplement, section 515B.1-102, is amended to read:
3.22 	515B.1-102 APPLICABILITY.
3.23 	(a) Except as provided in this section, this chapter, and not chapters 515 and 515A, 
3.24 	applies to all common interest communities created within this state on and after June 
3.25 	1, 1994.
3.26 	(b) The applicability of this chapter to common interest communities created prior to 
3.27 	June 1, 1994, shall be as follows:
3.28 	(1) This chapter shall apply to condominiums created under chapter 515A with 
3.29 	respect to events and circumstances occurring on and after June 1, 1994; provided (i) that 
3.30 	this chapter shall not invalidate the declarations, bylaws or condominium plats of those 
3.31 	condominiums, and (ii) that chapter 515A, and not this chapter, shall govern all rights and 
3.32 	obligations of a declarant of a condominium created under chapter 515A, and the rights 
3.33 	and claims of unit owners against that declarant.
3.34 	(2) The following sections in this chapter apply to condominiums created under 
3.35 	chapter 515: 515B.1-104 (Variation by Agreement); 515B.1-105 (Separate Titles and 
4.1 	Taxation); 515B.1-106 (Applicability of Local Ordinances, Regulations, and Building 
4.2 	Codes); 515B.1-107 (Eminent Domain); 515B.1-108 (Supplemental General Principles 
4.3 	of Law Applicable); 515B.1-109 (Construction Against Implicit Repeal); 515B.1-112
4.4 	(Unconscionable Agreement or Term of Contract); 515B.1-113 (Obligation of Good 
4.5 	Faith); 515B.1-114 (Remedies to be Liberally Administered); 515B.1-115 (Notice); 
4.6 	515B.1-116 (Recording); 515B.2-103 (Construction and Validity of Declaration and 
4.7 	Bylaws); 515B.2-104 (Description of Units); 515B.2-108(d) (Allocation of Interests); 
4.8 	515B.2-109(c) (Common Elements and Limited Common Elements); 515B.2-112
4.9 	(Subdivision or Conversion of Units); 515B.2-113 (Alteration of Units); 515B.2-114
4.10 	(Relocation of Boundaries Between Adjoining Units); 515B.2-115 (Minor Variations 
4.11 	in Boundaries); 515B.2-118 (Amendment of Declaration); 515B.2-119 (Termination 
4.12 	of Common Interest Community); 515B.3-102 (Powers of Unit Owners' Association); 
4.13 	515B.3-103(a), (b), and (g) (Board; Directors and Officers; Period of Declarant Control); 
4.14 	515B.3-107 (Upkeep of Common Interest Community); 515B.3-108 (Meetings); 
4.15 	515B.3-109 (Quorums); 515B.3-110 (Voting; Proxies); 515B.3-111 (Tort and Contract 
4.16 	Liability); 515B.3-112 (Conveyance or Encumbrance of Common Elements); 515B.3-113
4.17 	(Insurance); 515B.3-114 (Reserves; Surplus Funds); 515B.3-115(c), (e), (f), (g), (h), and 
4.18 	(i) (Assessments for Common Expenses); 515B.3-116 (Lien for Assessments); 515B.3-117
4.19 	(Other Liens); 515B.3-118 (Association Records); 515B.3-119 (Association as Trustee); 
4.20 	515B.3-121 (Accounting Controls); 515B.4-107 (Resale of Units); 515B.4-108
4.21 	(Purchaser's Right to Cancel Resale); and 515B.4-116 (Rights of Action; Attorney's Fees). 
4.22 	Section 515B.1-103 (Definitions) shall apply to the extent necessary in construing any of 
4.23 	the sections referenced in this section. Sections 515B.1-105, 515B.1-106, 515B.1-107, 
4.24 	515B.1-116, 515B.2-103, 515B.2-104, 515B.2-118, 515B.3-102, 515B.3-110, 
4.25 	515B.3-111, 515B.3-113, 515B.3-116, 515B.3-117, 515B.3-118, 515B.3-121, 515B.4-107, 
4.26 	515B.4-108, and 515B.4-116 apply only with respect to events and circumstances 
4.27 	occurring on and after June 1, 1994. All other sections referenced in this section apply 
4.28 	only with respect to events and circumstances occurring after July 31, 1999. A section 
4.29 	referenced in this section does not invalidate the declarations, bylaws or condominium 
4.30 	plats of condominiums created before August 1, 1999. But all sections referenced in this 
4.31 	section prevail over the declarations, bylaws, CIC plats, rules and regulations under them, 
4.32 	of condominiums created before August 1, 1999, except to the extent that this chapter 
4.33 	defers to the declarations, bylaws, CIC plats, or rules and regulations issued under them.
4.34 	(3) This chapter shall not apply to cooperatives and planned communities created 
4.35 	prior to June 1, 1994; except by election pursuant to subsection (d), and except that 
4.36 	sections 515B.1-116, subsections (a), (c), (d), (e), (f), and (h), 515B.4-107, and 
5.1 	515B.4-108, apply to all planned communities and cooperatives regardless of when they 
5.2 	are created, unless they are exempt under subsection (e).
5.3 	(c) This chapter shall not invalidate any amendment to the declaration, bylaws 
5.4 	or condominium plat of any condominium created under chapter 515 or 515A if the 
5.5 	amendment was recorded before June 1, 1994. Any amendment recorded on or after June 
5.6 	1, 1994, shall be adopted in conformity with the procedures and requirements specified by 
5.7 	those instruments and by this chapter. If the amendment grants to any person any rights, 
5.8 	powers or privileges permitted by this chapter, all correlative obligations, liabilities and 
5.9 	restrictions contained in this chapter shall also apply to that person.
5.10 	(d) Any condominium created under chapter 515, any planned community or 
5.11 	cooperative which would be exempt from this chapter under subsection (e), or any planned 
5.12 	community or cooperative created prior to June 1, 1994, may elect to be subject to this 
5.13 	chapter, as follows:
5.14 	(1) The election shall be accomplished by recording a declaration or amended 
5.15 	declaration, and a new or amended CIC plat where required, and by approving bylaws or 
5.16 	amended bylaws, which conform to the requirements of this chapter, and which, in the 
5.17 	case of amendments, are adopted in conformity with the procedures and requirements 
5.18 	specified by the existing declaration and bylaws of the common interest community, 
5.19 	and by any applicable statutes.
5.20 	(2) In a condominium, the preexisting condominium plat shall be the CIC plat and 
5.21 	an amended CIC plat shall be required only if the amended declaration or bylaws contain 
5.22 	provisions inconsistent with the preexisting condominium plat. The condominium's CIC 
5.23 	number shall be the apartment ownership number or condominium number originally 
5.24 	assigned to it by the recording officer. In a cooperative in which the unit owners' interests 
5.25 	are characterized as real estate, a CIC plat shall be required. In a planned community, the 
5.26 	preexisting plat recorded pursuant to chapter 505, 508, or 508A, or the part of the plat 
5.27 	upon which the common interest community is located, shall be the CIC plat.
5.28 	(3) The amendment shall comply with section 515B.2-118(a)(3).
5.29 	(4) Except as permitted by paragraph (3), no declarant, affiliate of declarant, 
5.30 	association, master association nor unit owner may acquire, increase, waive, reduce or 
5.31 	revoke any previously existing warranty rights or causes of action that one of said persons 
5.32 	has against any other of said persons by reason of exercising the right of election under 
5.33 	this subsection.
5.34 	(5) A common interest community which elects to be subject to this chapter may, as 
5.35 	a part of the election process, change its form of ownership by complying with section 
5.36 	515B.2-123.
6.1 	(e) Except as otherwise provided in this subsection, this chapter shall not apply, 
6.2 	except by election pursuant to subsection (d), to the following:
6.3 	(1) a planned community which consists of two units, which utilizes a common 
6.4 	interest community plat complying with section 515B.2-110(d)(1) and (2), which is not 
6.5 	subject to any rights to subdivide or convert units or to add additional real estate, and 
6.6 	which is not subject to a master association;
6.7 	(2) a common interest community where the units consist solely of separate parcels 
6.8 	of real estate designed or utilized for detached single family dwellings or agricultural 
6.9 	purposes, and where the association or a master association has no obligation to maintain 
6.10 	any building containing a dwelling or any agricultural building;
6.11 	(3) a cooperative where, at the time of creation of the cooperative, the unit owners' 
6.12 	interests in the dwellings as described in the declaration consist solely of proprietary 
6.13 	leases having an unexpired term of fewer than 20 years, including renewal options;
6.14 	(4) planned communities utilizing a common interest community plat complying 
6.15 	with section 515B.2-110(d)(1) and (2) and cooperatives, which are limited by the 
6.16 	declaration to nonresidential use; or
6.17 	(5) real estate subject only to an instrument or instruments filed primarily for the 
6.18 	purpose of creating or modifying rights with respect to access, utilities, parking, ditches, 
6.19 	drainage, or irrigation.
6.20 	(f) Section 515B.4-101(e) applies to any platted lot or other parcel of real estate that 
6.21 	is subject to a master declaration and is not subject to or is exempt from this chapter.
6.22 	(f) (g) Section 515B.1-106 shall apply to all common interest communities.

6.23 	Sec. 4. Minnesota Statutes 2005 Supplement, section 515B.2-101, is amended to read:
6.24 	515B.2-101 CREATION OF COMMON INTEREST COMMUNITIES.
6.25 	(a) On and after June 1, 1994, a common interest community may be created only 
6.26 	as follows:
6.27 	(1) A condominium may be created only by recording a declaration.
6.28 	(2) A cooperative may be created only by recording a declaration and by recording a 
6.29 	conveyance of the real estate subject to that declaration to the association.
6.30 	(3) A planned community which includes common elements may be created only 
6.31 	by simultaneously recording a declaration and a conveyance of the common elements 
6.32 	subject to that declaration to the association.
6.33 	(4) A planned community without common elements may be created only by 
6.34 	recording a declaration.
7.1 	(b) Except as otherwise expressly provided in this chapter, the declaration shall 
7.2 	be executed by all persons whose interests in the real estate will be conveyed to unit 
7.3 	owners or to the association, except vendors under contracts for deed, and by every lessor 
7.4 	of a lease the expiration or termination of which will terminate the common interest 
7.5 	community. The declaration shall be recorded in every county in which any portion of 
7.6 	the common interest community is located. Failure of any party not required to execute a 
7.7 	declaration, but having a recorded interest in the common interest community, to join in 
7.8 	the declaration shall have no effect on the validity of the common interest community; 
7.9 	provided that the party is not bound by the declaration until that party acknowledges the 
7.10 	existence of the common interest community in a recorded instrument.
7.11 	(c) In a condominium, a planned community utilizing a CIC plat complying with 
7.12 	section 515B.2-110(c), or a cooperative, where the unit boundaries are delineated by 
7.13 	a structure, a declaration, or an amendment to a declaration adding units, shall not be 
7.14 	recorded unless the structural components of the structures containing the units and 
7.15 	the mechanical systems serving more than one unit, but not the units, are substantially 
7.16 	completed, as evidenced by a recorded certificate executed by a registered engineer or 
7.17 	architect.
7.18 	(d) A project which (i) meets the definition of a "common interest community" in 
7.19 	section 515B.1-103(10), (ii) is created after May 31, 1994, and (iii) is not exempt under 
7.20 	section 515B.1-102(e), is subject to this chapter even if this or other sections of the chapter 
7.21 	have not been complied with, and the declarant and all unit owners are bound by all 
7.22 	requirements and obligations of this chapter.
7.23 	(e) The association shall be incorporated pursuant to section 515B.3-101 and the 
7.24 	CIC plat shall be recorded as and if required by section 515B.2-110.

7.25 	Sec. 5. Minnesota Statutes 2005 Supplement, section 515B.2-110, is amended to read:
7.26 	515B.2-110 COMMON INTEREST COMMUNITY PLAT (CIC PLAT).
7.27 	(a) A CIC plat is required for condominiums and planned communities, and 
7.28 	cooperatives in which the unit owners' interests are characterized as real estate. The CIC 
7.29 	plat is a part of the declaration in condominiums, in planned communities utilizing a CIC 
7.30 	plat complying with subsection (c), and in cooperatives in which the unit owners' interests 
7.31 	are characterized as real estate, but need not be physically attached to the declaration.
7.32 	(1) In a condominium, or a cooperative in which the unit owners' interests are 
7.33 	characterized as real estate, the CIC plat shall comply with subsection (c).
7.34 	(2) In a planned community, a CIC plat which does not comply with subsection (c) 
7.35 	shall consist of all or part of a subdivision plat or plats complying with subsections (d)(1) 
8.1 	and (d)(2) registered land survey complying with subsection (d), or any combination 
8.2 	thereof. The CIC plat or registered land survey need not contain the number of the 
8.3 	common interest community and may be recorded at any time before the recording of the 
8.4 	declaration; provided, that if the CIC plat complies with subsection (c), the number of 
8.5 	the common interest community shall be included and the CIC plat shall be recorded at 
8.6 	the time of recording of the declaration.
8.7 	(3) In a cooperative in which the unit owners' interests are characterized as personal 
8.8 	property, a CIC plat shall not be required. In lieu of a CIC plat, the declaration or 
8.9 	any amendment to it creating, converting, or subdividing units in a personal property 
8.10 	cooperative shall include an exhibit containing a scale drawing of each building, 
8.11 	identifying the building, and showing the perimeter walls of each unit created or changed 
8.12 	by the declaration or any amendment to it, including the unit's unit identifier, and its 
8.13 	location within the building if the building contains more than one unit.
8.14 	(b) The CIC plat, or supplemental or amended CIC plat, for condominiums, for 
8.15 	planned communities using a plat complying with subsection (c), and for cooperatives in 
8.16 	which the unit owners' interests are characterized as real estate, shall contain certifications 
8.17 	by a licensed professional land surveyor and licensed professional architect, as to the parts 
8.18 	of the CIC plat prepared by each, that (i) the CIC plat accurately depicts all information 
8.19 	required by this section, and (ii) the work was undertaken by, or reviewed and approved 
8.20 	by, the certifying land surveyor or architect. The portions of the CIC plat depicting the 
8.21 	dimensions of the portions of the common interest community described in subsections 
8.22 	(c)(8), (9), (10), and (12), may be prepared by either a land surveyor or an architect. The 
8.23 	other portions of the CIC plat shall be prepared only by a land surveyor. A certification of 
8.24 	the CIC plat or supplemental CIC plat, or an amendment to it, under this subsection by an 
8.25 	architect is not required if all parts of the CIC plat, supplemental CIC plat, or amendment 
8.26 	are prepared by a land surveyor. Certification by the land surveyor or architect does not 
8.27 	constitute a guaranty or warranty of the nature, suitability, or quality of construction of 
8.28 	any improvements located or to be located in the common interest community.
8.29 	(c) A CIC plat for a condominium, or a cooperative in which the unit owners' 
8.30 	interests are characterized as real estate, shall show:
8.31 	(1) the number of the common interest community, and the boundaries, dimensions 
8.32 	and a legally sufficient description of the land included therein;
8.33 	(2) the dimensions and location of all existing, material structural improvements 
8.34 	and roadways;
9.1 	(3) the intended location and dimensions of any contemplated common element 
9.2 	improvements to be constructed within the common interest community after the filing of 
9.3 	the CIC plat, labeled either "MUST BE BUILT" or "NEED NOT BE BUILT";
9.4 	(4) the location and dimensions of any additional real estate, labeled as such, and a 
9.5 	legally sufficient description of the additional real estate;
9.6 	(5) the extent of any encroachments by or upon any portion of the common interest 
9.7 	community;
9.8 	(6) the location and dimensions of all recorded easements within the land included 
9.9 	in the common interest community burdening any portion of the land;
9.10 	(7) the distance and direction between noncontiguous parcels of real estate;
9.11 	(8) the location and dimensions of limited common elements, except that with 
9.12 	respect to limited common elements described in section 515B.2-102, subsections (d) and 
9.13 	(f), only such material limited common elements as porches, balconies, decks, patios, and 
9.14 	garages shall be shown;
9.15 	(9) the location and dimensions of the front, rear, and side boundaries of each unit 
9.16 	and that unit's unit identifier;
9.17 	(10) the location and dimensions of the upper and lower boundaries of each unit 
9.18 	with reference to an established or assumed datum and that unit's unit identifier;
9.19 	(11) a legally sufficient description of any real estate in which the unit owners will 
9.20 	own only an estate for years, labeled as "leasehold real estate";
9.21 	(12) any units which may be converted by the declarant to create additional units or 
9.22 	common elements identified separately.
9.23 	(d) A CIC plat for a planned community either shall comply with subsection (c), 
9.24 	or it shall:
9.25 	(1) comply with chapter 505, 508, or 508A, as applicable; and
9.26 	(2) comply with the platting applicable subdivision requirements of any 
9.27 	governmental authority within whose jurisdiction the planned community is located, 
9.28 	subject to the limitations set forth in section 515B.1-106.
9.29 	(e) If a declarant adds additional real estate, the declarant shall record a supplemental 
9.30 	CIC plat or plats for the real estate being added, conforming to the requirements of this 
9.31 	section which apply to the type of common interest community in question. If less than 
9.32 	all additional real estate is being added, the supplemental CIC plat for a condominium, 
9.33 	a planned community whose CIC plat complies with subsection (c), or a cooperative 
9.34 	in which the unit owners' interests are characterized as real estate, shall also show the 
9.35 	location and dimensions of the remaining portion.
10.1 	(f) If, pursuant to section 515B.2-112, a declarant subdivides or converts any unit 
10.2 	into two or more units, common elements or limited common elements, or combines 
10.3 	two or more units, the declarant shall record an amendment to the CIC plat showing 
10.4 	the location and dimensions of any new units, common elements or limited common 
10.5 	elements thus created.
10.6 	(g) A CIC plat which complies with subsection (c) is not subject to chapter 505.

10.7 	Sec. 6. Minnesota Statutes 2005 Supplement, section 515B.2-112, is amended to read:
10.8 	515B.2-112 SUBDIVISION, COMBINATION, OR CONVERSION OF UNITS.
10.9 	(a) If the declaration so provides, (i) one or more units may be subdivided into two 
10.10 	or more units or combined into a lesser number of units, or (ii) a unit or units owned 
10.11 	exclusively by a declarant may be subdivided, combined, or converted into one or more 
10.12 	units, limited common elements, common elements, or a combination of units, limited 
10.13 	common elements or common elements.
10.14 	(b) If the unit or units are not owned exclusively by a declarant, the unit owners of 
10.15 	the units to be combined or subdivided shall cause to be prepared and submitted to the 
10.16 	association for approval an application for an amendment to the declaration and amended 
10.17 	CIC plat, for the purpose of subdividing or combining the unit or units. The application 
10.18 	shall contain, at a minimum, a general description of the proposed subdivision or 
10.19 	combination, and shall specify in detail the matters required by subsection (c)(2) and (3). 
10.20 	The basis for disapproval of the application by the association shall be limited to (i) health 
10.21 	or safety considerations, (ii) liability considerations for the association and other unit 
10.22 	owners, (iii) aesthetic changes to the common elements or another unit, (iv) any material 
10.23 	and adverse impact on the common elements or another unit, or (v) a failure to comply 
10.24 	with the declaration, this chapter, or governmental laws, ordinances, or regulations. The 
10.25 	association shall give written notice of its decision and required changes to the unit owner 
10.26 	or owners who made the application. The association shall establish fair and reasonable 
10.27 	procedures and time frames for the submission and prompt processing of the applications.
10.28 	If an application under this subsection is approved, the unit owner shall cause an 
10.29 	amendment and amended CIC plat to be prepared based upon the approved application.
10.30 	(c) If an application under subsection (b) is approved, the unit owner shall cause an 
10.31 	amendment and amended CIC plat to be prepared based upon the approved application. 
10.32 	The amendment shall: An amendment under this section shall:
10.33 	(1) be executed by the association and by each unit owner and any secured party 
10.34 	with respect to each unit to be combined or subdivided, if approved under subsection (b);
11.1 	(2) assign a unit identifier to each unit resulting from the subdivision, conversion, or 
11.2 	combination;
11.3 	(3) reallocate the common element interest, votes in the association, and common 
11.4 	expense liability, as applicable, formerly allocated to the unit or units to be combined, 
11.5 	converted, or subdivided among the unit or units resulting from the subdivision or 
11.6 	combination, or among all units in the case of a conversion, as applicable, on the basis of 
11.7 	the formula described in the declaration; and
11.8 	(4) conform to the requirements of the declaration and this chapter.
11.9 	(d) If the association determines that the amendment and amended CIC plat conform 
11.10 	to the approved application, the declaration, and this chapter, the association shall execute 
11.11 	the amendment and cause the amendment and the amended CIC plat to be recorded. The 
11.12 	association may require the unit owners executing the amendment to pay all fees and costs 
11.13 	for reviewing, preparing, and recording the amendment and the amended CIC plat, and 
11.14 	any other fees or costs incurred by the association in connection therewith.
11.15 	(e) If the unit or units are owned exclusively by a declarant, the declarant shall 
11.16 	have the authority to unilaterally prepare and record, at its expense, an amendment 
11.17 	and an amended CIC plat subdividing, combining, or converting the unit or units. The 
11.18 	amendment shall comply with subsections (c)(1), (2), (3), and (4), and shall be limited 
11.19 	to those provisions necessary to accomplish the subdivision, combination, or conversion 
11.20 	unless the consent of unit owners required to amend the declaration is obtained.
11.21 	(f) The amended CIC plat shall show the resulting common elements, limited 
11.22 	common elements or units, as subdivided, combined, or converted.
11.23 	(g) A secured party's interest and remedies shall be deemed to apply to the unit or 
11.24 	units that result from the subdivision or combination of the unit or units in which the 
11.25 	secured party held a security interest. If the secured party enforces any remedy, including 
11.26 	foreclosure of its lien, against any of the resulting units, all instruments and notices 
11.27 	relating to the foreclosure shall describe the subject property in terms of the amendment 
11.28 	and the amended CIC plat which created the resulting units.

11.29 	Sec. 7. Minnesota Statutes 2005 Supplement, section 515B.2-121, is amended to read:
11.30 	515B.2-121 MASTER ASSOCIATIONS.
11.31 	(a) A master association formed after June 1, 1994, shall be organized as a Minnesota 
11.32 	profit, nonprofit or cooperative corporation. A master association shall be incorporated 
11.33 	prior to the delegation to it of any powers under this chapter.
11.34 	(b) The members of the master association shall be any combination of (i) unit 
11.35 	owners of one or more common interest communities, (ii) one or more associations, 
12.1 	(iii) one or more master associations, or (iv) owners of real estate or property owner's 
12.2 	associations not subject to this chapter in combination with any other category of member. 
12.3 	An association or its members may be members of an entity created before June 1, 1994, 
12.4 	which performs functions similar to those performed by a master association regardless of 
12.5 	whether the entity is subject to this chapter.
12.6 	(c) A master association shall be governed by a board of directors. Except as 
12.7 	expressly prohibited by the master declaration, the master association's articles of 
12.8 	incorporation or bylaws, or other provisions of this chapter, the master association board 
12.9 	may act in all instances on behalf of the master association. The directors of a master 
12.10 	association shall be elected or, if a nonprofit corporation, elected or appointed, in a manner 
12.11 	consistent with the requirements of the statute under which the master association is 
12.12 	formed and of the master association's articles of incorporation and bylaws, and subject to 
12.13 	the following requirements:
12.14 	(1) Except as set forth in subsections (2) and (3), the members of the master 
12.15 	association shall elect the board of directors. A majority of the directors shall be members 
12.16 	of the master association or members of a member of the master association, and shall be 
12.17 	persons other than a declarant or affiliate of a declarant. If the member is not a natural 
12.18 	person, it may designate a natural person to act on its behalf.
12.19 	(2) The articles of incorporation or bylaws of the master association may authorize 
12.20 	any person, whether or not the person is a member of, or otherwise subject to, the master 
12.21 	association, including a declarant, to appoint or elect one director.
12.22 	(3) A master association's articles of incorporation may suspend the members' right 
12.23 	to elect or, in the case of a nonprofit corporation, elect or appoint, the master association's 
12.24 	board of directors for a specified time period. During this period, the person or persons 
12.25 	who execute the master declaration under subsection (f)(1), or their successors or assigns, 
12.26 	may appoint the directors. The period during which the person or persons may appoint 
12.27 	the directors begins when the master declaration is recorded and terminates upon the 
12.28 	earliest of:
12.29 	(i) the voluntary surrender of the right to appoint directors;
12.30 	(ii) the date ten years after the date the master declaration is recorded;
12.31 	(iii) the date, if any, in the articles of incorporation; or
12.32 	(iv) the date when at least 75 percent of the units and other parcels of real estate 
12.33 	which are referred to in subsection (f)(1)(vii) have been conveyed to such persons for 
12.34 	occupancy by the persons or their tenants.
12.35 	(4) The term of any director appointed under subsection (3) expires 60 days after 
12.36 	the right to appoint directors terminates. The master association's board of directors shall 
13.1 	call an annual or special meeting of the master association's members to elect or appoint 
13.2 	successor directors within the 60-day period.
13.3 	(5) The system for the election of directors shall be fair and equitable and shall 
13.4 	take into account the number of members of each association any of whose powers are 
13.5 	delegated to the master association, the needs of the members of the master association, 
13.6 	the allocation of liability for master association common expenses, and the types of 
13.7 	common interest communities and other real estate subject to the master association.
13.8 	(d) The articles of incorporation or bylaws of the master association may authorize 
13.9 	special classes of directors and allocations of director voting rights, as follows: (i) classes 
13.10 	of directors that are elected by different classes of members, to address operational, 
13.11 	physical, or administrative differences within the master association, or (ii) class voting 
13.12 	by the classes of directors on specific issues affecting only a certain class or classes of 
13.13 	members, units or other parcels of real estate, or to otherwise protect the legitimate 
13.14 	interests of such class or classes. No person may utilize such special classes or allocations 
13.15 	for the purpose of evading any limitation imposed on declarants by this chapter.
13.16 	(e) The officers of a master association shall be elected, appointed, or designated in 
13.17 	a manner consistent with the statute under which the master association is formed and 
13.18 	consistent with the master association articles of incorporation and bylaws.
13.19 	(f) The creation and authority of a master association shall be governed by the 
13.20 	following requirements:
13.21 	(1) A master declaration shall be recorded in connection with the creation of a master 
13.22 	association. The master declaration shall be executed by the owners of the real estate 
13.23 	subjected to the master declaration. The master declaration shall contain, at a minimum:
13.24 	(i) the name of the master association;
13.25 	(ii) a legally sufficient description of the real estate which is subject to the master 
13.26 	declaration and a legally sufficient description of any other real estate which may be 
13.27 	subjected to the master declaration pursuant to subsection (g);
13.28 	(iii) a statement as to whether the real estate subject to, and which may be subjected 
13.29 	to, the master declaration collectively is or collectively will be a separate common interest 
13.30 	community;
13.31 	(iv) a description of the members of the master association;
13.32 	(v) a description of the master association's powers. To the extent described in 
13.33 	the master declaration, a master association has the powers with respect to the master 
13.34 	association's members and the property subject to the master declaration that section 
13.35 	515B.3-102 grants to an association with respect to the association's members and the 
13.36 	property subject to the declaration. A master association also has the powers delegated to 
14.1 	it by an association pursuant to subsection (f)(2) or by a property owner's association not 
14.2 	subject to the chapter; provided (i) that the master declaration identifies the powers and 
14.3 	authorizes the delegation either expressly or by a grant of authority to the board of the 
14.4 	association or property owner's association and (ii) that the master association board has 
14.5 	not refused the delegation pursuant to subsection (f)(4). The provisions of the declarations 
14.6 	of the common interest communities, or the provisions of recorded instruments governing 
14.7 	other property subject to the master declaration, that delegate powers to the master 
14.8 	association shall be consistent with the provisions of the master declaration that govern 
14.9 	the delegation of the powers;
14.10 	(vi) a description of the formulas governing the allocation of assessments and 
14.11 	member voting rights, including any special classes or allocations referred to in subsection 
14.12 	(d);
14.13 	(vii) a statement of the total number of units and other parcels of real estate intended 
14.14 	for residential use by a person or the person's tenants private ownership and use that are 
14.15 	(i) subject to the master declaration as initially recorded and (ii) intended to be created by 
14.16 	the addition of real estate or by the subdivision of units or other parcels of real estate; and
14.17 	(viii) the requirements for amendment of the master declaration, other than an 
14.18 	amendment under subsection (g).
14.19 	(2) The declaration of a common interest community located on property subject to 
14.20 	a master declaration may:
14.21 	(i) delegate any of the powers described in section 515B.3-102 to the 
14.22 	master association; provided, that a delegation of the powers described in section 
14.23 	515B.3-102(a)(2) is effective only if expressly stated in the declaration; and
14.24 	(ii) authorize the board to delegate any of the powers described in section 
14.25 	515B.3-102, except for the powers described in section 515B.3-102(a)(2), to the master 
14.26 	association.
14.27 	(3) With respect to any other property subject to a master association, there need 
14.28 	not be an instrument other than the master declaration recorded against the property to 
14.29 	empower the master association to exercise powers with respect to the property.
14.30 	(4) If a declaration or other recorded instrument authorizes the board or the board 
14.31 	of a property owner's association to delegate powers to a master association, the master 
14.32 	association board may refuse any delegation of powers that does not comply with (i) 
14.33 	this chapter, (ii) the declaration or other recorded instrument, or (iii) the organizational 
14.34 	documents of the master association.
14.35 	(5) The failure of a declaration, a board or an owner of property subject to a master 
14.36 	association to properly delegate some or all of the powers to the master association does 
15.1 	not affect the authority of the master association to exercise those and other powers with 
15.2 	respect to other common interest communities or owners of properties that are subject 
15.3 	to the master association.
15.4 	(g) The master declaration may authorize other real estate to be subjected to the 
15.5 	master declaration. The other real estate shall be subjected to the master declaration by an 
15.6 	amendment executed by the owner of the other real estate and any other person or persons 
15.7 	required by the master declaration, and recorded.
15.8 	(h) Sections 515B.3-103(a), (b), and (g), 515B.3-108, 515B.3-109, 515B.3-110, and 
15.9 	515B.3-112 shall apply in the conduct of the affairs of a master association. But the rights 
15.10 	of voting, notice, and other rights enumerated in those sections apply to persons who elect 
15.11 	or appoint the board of a master association, whether or not those persons are otherwise 
15.12 	unit owners within the meaning of this chapter.
15.13 	(i) If so provided in the master declaration, a master association may levy 
15.14 	assessments for common expenses of the master association against the property subject 
15.15 	to the master declaration, and have and foreclose liens securing the assessments. The 
15.16 	liens shall have the same priority against secured parties, shall include the same fees and 
15.17 	charges, and may be foreclosed in the same manner, as assessment liens under section 
15.18 	515B.3-116. The master association's lien shall have priority as against the lien of an 
15.19 	association or property owner's association subject to the master association, regardless 
15.20 	of when the lien arose or was perfected.
15.21 	(1) Master association common expenses shall be allocated among the members of 
15.22 	the master association in a fair and equitable manner. If the members include associations 
15.23 	or property owner's associations, then the master assessments may be allocated among 
15.24 	and levied against the associations or property owner's associations, or allocated among 
15.25 	and levied against the units or other parcels of real estate owned by the members of the 
15.26 	association or property owner's association. If so provided in the master declaration, 
15.27 	master assessments levied against a member association or property owner's association 
15.28 	are allocated among and levied against the units or other parcels of real estate owned 
15.29 	by the members of the association or property owner's association. If applicable and 
15.30 	appropriate, the formulas and principles described in section 515B.2-108, subsections (b), 
15.31 	(c), (d), and (e), shall be used in making the allocations. The assessment formulas and 
15.32 	procedures described in the declarations of any common interest communities or any 
15.33 	instruments governing other real estate subject to the master association shall not conflict 
15.34 	with the formulas and procedures described in the master declaration.
15.35 	(2) The master declaration may exempt from liability for all or a portion of master 
15.36 	association assessments any person authorized by subsection (c)(3) to appoint the 
16.1 	members of the master association board, or any other person, and exempt any unit or 
16.2 	other parcel of real estate owned by the person from a lien for such assessments, until a 
16.3 	building constituting or located within the unit or other parcel of real estate is substantially 
16.4 	completed. Substantial completion shall be evidenced by a certificate of occupancy in 
16.5 	a jurisdiction that issues that certificate.
16.6 	(j) A master association shall not be used, directly or indirectly, to avoid or nullify 
16.7 	any warranties or other obligations for which a declarant of a common interest community 
16.8 	subject to the master association is responsible, or to otherwise avoid the requirements 
16.9 	of this chapter.

16.10 	Sec. 8. Minnesota Statutes 2005 Supplement, section 515B.3-115, is amended to read:
16.11 	515B.3-115 ASSESSMENTS FOR COMMON EXPENSES.
16.12 	(a) The obligation of a unit owner to pay common expense assessments shall be 
16.13 	as follows:
16.14 	(1) If a common expense assessment has not been levied, the declarant shall pay all 
16.15 	operating expenses of the common interest community, and shall fund the replacement 
16.16 	reserve component of the common expenses as required by subsection (b).
16.17 	(2) If a common expense assessment has been levied, all unit owners including the 
16.18 	declarant shall pay the assessments allocated to their units, subject to the following:
16.19 	(i) If the declaration so provides, a declarant's liability, and the assessment lien, for 
16.20 	the common expense assessments, exclusive of replacement reserves, on any unit owned 
16.21 	by the declarant may be limited to 25 percent or more of any assessment, exclusive of 
16.22 	replacement reserves, until the unit or any building located in the unit is substantially 
16.23 	completed. Substantial completion shall be evidenced by a certificate of occupancy in 
16.24 	any jurisdiction that issues the certificate.
16.25 	(ii) If the declaration provides for a reduced assessment pursuant to paragraph (2)(i), 
16.26 	the declarant shall be obligated, within 60 days following the termination of the period 
16.27 	of the declarant control, to make up any operating deficit incurred by the association 
16.28 	during the period of declarant control. The existence and amount, if any, of the operating 
16.29 	deficit shall be determined using the accrual basis of accounting applied as of the date of 
16.30 	termination of the period of declarant control, regardless of the accounting methodology 
16.31 	previously used by the association to maintain its accounts.
16.32 	(b) The replacement reserve component of the common expenses shall be funded 
16.33 	for each unit in accordance with the projected annual budget required by section 
16.34 	515B.4-102(23); provided, that the funding of replacement reserves with respect to a unit 
16.35 	shall commence no later than the date that the unit or any building located within the unit 
17.1 	boundaries is substantially completed. Substantial completion shall be evidenced by a 
17.2 	certificate of occupancy in any jurisdiction that issues the certificate.
17.3 	(c) After an assessment has been levied by the association, assessments shall be 
17.4 	levied at least annually, based upon a budget approved at least annually by the association.
17.5 	(d) Except as modified by subsections (a)(1) and (2), (e), (f), and (g), all common 
17.6 	expenses shall be assessed against all the units in accordance with the allocations 
17.7 	established by the declaration pursuant to section 515B.2-108.
17.8 	(e) Unless otherwise required by the declaration:
17.9 	(1) any common expense associated with the maintenance, repair, or replacement 
17.10 	of a limited common element shall be assessed against the units to which that limited 
17.11 	common element is assigned, equally, or in any other proportion the declaration provides;
17.12 	(2) any common expense or portion thereof benefiting fewer than all of the units 
17.13 	may be assessed exclusively against the units benefited, equally, or in any other proportion 
17.14 	the declaration provides;
17.15 	(3) the costs of insurance may be assessed in proportion to risk or coverage, and the 
17.16 	costs of utilities may be assessed in proportion to usage;
17.17 	(4) reasonable attorneys fees and costs incurred by the association in connection 
17.18 	with (i) the collection of assessments and, (ii) the enforcement of this chapter, the articles, 
17.19 	bylaws, declaration, or rules and regulations, against a unit owner, may be assessed 
17.20 	against the unit owner's unit; and
17.21 	(5) fees, charges, late charges, fines and interest may be assessed as provided 
17.22 	in section 515B.3-116(a).
17.23 	(f) Assessments levied under section 515B.3-116 to pay a judgment against the 
17.24 	association may be levied only against the units in the common interest community at the 
17.25 	time the judgment was entered, in proportion to their common expense liabilities.
17.26 	(g) If any damage to the common elements or another unit is caused by the act or 
17.27 	omission of any unit owner, or occupant of a unit, or their invitees, the association may 
17.28 	assess the costs of repairing the damage exclusively against the unit owner's unit to the 
17.29 	extent not covered by insurance.
17.30 	(h) Subject to any shorter period specified by the declaration or bylaws, if any 
17.31 	installment of an assessment becomes more than 60 days past due, then the association 
17.32 	may, upon ten days' written notice to the unit owner, declare the entire amount of the 
17.33 	assessment immediately due and payable in full.
17.34 	(i) If common expense liabilities are reallocated for any purpose authorized by this 
17.35 	chapter, common expense assessments and any installment thereof not yet due shall be 
17.36 	recalculated in accordance with the reallocated common expense liabilities.
18.1 	(j) An assessment against fewer than all of the units must be levied within three years 
18.2 	after the event or circumstances forming the basis for the assessment, or shall be barred.

18.3 	Sec. 9. Minnesota Statutes 2005 Supplement, section 515B.3-117, is amended to read:
18.4 	515B.3-117 OTHER LIENS.
18.5 	(a) Except in a cooperative and except as otherwise provided in this chapter or in 
18.6 	a security instrument, an individual unit owner may have the unit owner's unit released 
18.7 	from a lien if the unit owner pays the lienholder the portion of the amount which the 
18.8 	lien secures that is attributable to the unit. Upon the receipt of payment, the lienholder 
18.9 	shall promptly deliver to the unit owner a recordable partial satisfaction and release of 
18.10 	lien releasing the unit from the lien. The release shall be deemed to include a release of 
18.11 	any rights in the common elements appurtenant to the unit. The portion of the amount 
18.12 	which a lien secures that is attributable to the unit shall be equal to the total amount which 
18.13 	the lien secures multiplied by a percentage calculated by dividing the common expense 
18.14 	liability attributable to the unit by the common expense liability attributable to all units 
18.15 	against which the lien has been recorded, or in the case of a lien under subsection (b), the 
18.16 	units against which the lien is permitted or required to be recorded. At the request of a 
18.17 	lien claimant or unit owners, the association shall provide a written statement of the 
18.18 	percentage of common expense liability attributable to all units. After a unit owner's 
18.19 	payment pursuant to this section, the association may not assess the unit for any common 
18.20 	expense incurred thereafter in connection with the satisfaction or defense against the lien.
18.21 	(b) Labor performed or materials furnished for the improvement of a unit shall be 
18.22 	the basis for the recording of a lien against that unit pursuant to the provisions of chapter 
18.23 	514 but shall not be the basis for the recording of a lien against the common elements. 
18.24 	Labor performed or materials furnished for the improvement of common elements, for 
18.25 	which a lien may be recorded under chapter 514, if duly authorized by the association, 
18.26 	shall be deemed to be performed or furnished with the express consent of each unit owner, 
18.27 	and shall be perfected by recording a lien against all the units in the common interest 
18.28 	community, but shall not be the basis for the recording of a lien against the common 
18.29 	elements except in the case of a condominium on registered land, in which case a lien 
18.30 	must be filed pursuant to section 508.351, subdivision 3 5, or 508A.351, subdivision 3 5. 
18.31 	Where a lien is recorded against the units for labor performed or material furnished for the 
18.32 	improvement of common elements, the association shall be deemed to be the authorized 
18.33 	agent of the unit owners for purposes of receiving the notices required under sections 
18.34 	514.011 and 514.08, subdivision 1, clause (2).
19.1 	(c) A security interest in a cooperative whose unit owners' interests in the units 
19.2 	are personal property shall be perfected by recording a financing statement in the UCC 
19.3 	filing section of the central filing system operated by the Office of the Secretary of 
19.4 	State. In any disposition by a secured party pursuant to section 336.9-610 or retention 
19.5 	pursuant to sections 336.9-620 to 336.9-622, the rights of the parties shall be the same 
19.6 	as those provided by law, subject to the exceptions and requirements set forth in section 
19.7 	515B.3-116(h)(3), and except that the unit owner has the right to reinstate the debt owing 
19.8 	to the secured party by paying to the secured party, prior to the effective date of the 
19.9 	disposition or retention, the amount which would be required to reinstate the debt under 
19.10 	section 580.30 if the unit were wholly real estate.

19.11 	Sec. 10. Minnesota Statutes 2005 Supplement, section 515B.4-101, is amended to read:
19.12 	515B.4-101 APPLICABILITY; DELIVERY OF DISCLOSURE STATEMENT.
19.13 	(a) Sections 515B.4-101 through 515B.4-118 apply to all units subject to this chapter, 
19.14 	except as provided in subsection (c) or as modified or waived by written agreement of 
19.15 	purchasers of a unit which is restricted to nonresidential use.
19.16 	(b) Subject to subsections (a) and (c), a declarant who offers a unit to a purchaser 
19.17 	shall deliver to the purchaser a current disclosure statement which complies with the 
19.18 	requirements of section 515B.4-102. The disclosure statement shall include any material 
19.19 	amendments to the disclosure statement made prior to the conveyance of the unit to 
19.20 	the purchaser. The declarant shall be liable to the purchaser to whom it delivered the 
19.21 	disclosure statement for any false or misleading statement set forth therein or for any 
19.22 	omission of a material fact therefrom.
19.23 	(c) Neither a disclosure statement nor a resale disclosure certificate need be prepared 
19.24 	or delivered in the case of:
19.25 	(1) a gratuitous transfer;
19.26 	(2) a transfer pursuant to a court order;
19.27 	(3) a transfer to a government or governmental agency;
19.28 	(4) a transfer to a secured party by foreclosure or deed in lieu of foreclosure;
19.29 	(5) an option to purchase a unit, until exercised;
19.30 	(6) a transfer to a person who "controls" or is "controlled by," the grantor as those 
19.31 	terms are defined with respect to a declarant under section 515B.1-103(2);
19.32 	(7) a transfer by inheritance;
19.33 	(8) a transfer of special declarant rights under section 515B.3-104; or
19.34 	(9) a transfer in connection with a change of form of common interest community 
19.35 	under section 515B.2-123.
20.1 	(d) A purchase agreement for a unit shall contain the following notice: "The 
20.2 	following notice is required by Minnesota Statutes. The purchaser is entitled to receive 
20.3 	a disclosure statement or resale disclosure certificate, as applicable. The disclosure 
20.4 	statement or resale disclosure certificate contains important information regarding the 
20.5 	common interest community and the purchaser's cancellation rights."
20.6 	(e) A purchase agreement for the sale, to the initial occupant, of a platted lot or other 
20.7 	parcel of real estate (i) which is subject to a master declaration, (ii) which is intended 
20.8 	for residential occupancy, and (iii) which does not and is not intended to constitute a 
20.9 	unit, shall contain the following notice: "The following notice is required by Minnesota 
20.10 	Statutes: The real estate to be conveyed under this agreement is or will be subject to a 
20.11 	master association as defined in Minnesota Statutes, chapter 515B. The master association 
20.12 	is obligated to shall provide to the purchaser buyer, pursuant to Minnesota Statutes, 
20.13 	section 515B.4-102(c), upon the purchaser's buyer's request, a statement containing the 
20.14 	information required by Minnesota Statutes, section 515B.4-102(a)(20), with respect to the 
20.15 	master association, prior to the time that the purchaser buyer signs a purchase agreement 
20.16 	for the real estate. The statement contains important information regarding the master 
20.17 	association and the purchaser's buyer's obligations thereunder." A claim by a purchaser
20.18 	buyer based upon a failure to include the foregoing notice in a purchase agreement:
20.19 	(1) shall be limited to legal, and not equitable, remedies;
20.20 	(2) shall be barred unless it is commenced within the time period specified in section 
20.21 	515B.4-115(a); or
20.22 	(3) may be waived by a separate written document signed by the seller and purchaser
20.23 	buyer.

20.24 	Sec. 11. Minnesota Statutes 2005 Supplement, section 515B.4-102, is amended to read:
20.25 	515B.4-102 DISCLOSURE STATEMENT; GENERAL PROVISIONS.
20.26 	(a) A disclosure statement shall fully and accurately disclose:
20.27 	(1) the name and, if available, the number of the common interest community;
20.28 	(2) the name and principal address of the declarant;
20.29 	(3) the number of units which the declarant has the right to include in the common 
20.30 	interest community and a statement that the common interest community is either a 
20.31 	condominium, cooperative, or planned community;
20.32 	(4) a general description of the common interest community, including, at a 
20.33 	minimum, (i) the number of buildings, (ii) the number of dwellings per building, (iii) 
20.34 	the type of construction, (iv) whether the common interest community involves new 
20.35 	construction or rehabilitation, (v) whether any building was wholly or partially occupied, 
21.1 	for any purpose, before it was added to the common interest community and the nature 
21.2 	of the occupancy, and (vi) a general description of any roads, trails, or utilities that are 
21.3 	located on the common elements and that the association or a master association will 
21.4 	be required to maintain;
21.5 	(5) declarant's schedule of commencement and completion of construction of any 
21.6 	buildings and other improvements that the declarant is obligated to build pursuant to 
21.7 	section 515B.4-117;
21.8 	(6) any expenses or services, not reflected in the budget, that the declarant pays 
21.9 	or provides, which may become a common expense; the projected common expense 
21.10 	attributable to each of those expenses or services; and an explanation of declarant's limited 
21.11 	assessment liability under section 515B.3-115, subsection (b);
21.12 	(7) any initial or special fee due from the purchaser to the declarant or the association 
21.13 	at closing, together with a description of the purpose and method of calculating the fee;
21.14 	(8) identification of any liens, defects, or encumbrances which will continue to affect 
21.15 	the title to a unit or to any real property owned by the association after the contemplated 
21.16 	conveyance;
21.17 	(9) a description of any financing offered or arranged by the declarant;
21.18 	(10) a statement as to whether application has been made for any project approvals 
21.19 	for the common interest community from the Federal National Mortgage Association 
21.20 	(FNMA), Federal Home Loan Mortgage Corporation (FHLMC), Department of Housing 
21.21 	and Urban Development (HUD) or Department of Veterans Affairs (VA), and which, if 
21.22 	any, such final approvals have been received;
21.23 	(11) the terms of any warranties provided by the declarant, including copies of 
21.24 	sections 515B.4-112 through 515B.4-115, and any other applicable statutory warranties, 
21.25 	and a statement of any limitations on the enforcement of the applicable warranties or on 
21.26 	damages;
21.27 	(12) a statement that: (i) within fiveten days after the receipt of a disclosure 
21.28 	statement, a purchaser may cancel any contract for the purchase of a unit from a declarant; 
21.29 	provided, that the right to cancel terminates upon the purchaser's voluntary acceptance 
21.30 	of a conveyance of the unit from the declarant or by the purchaser agreeing to modify or 
21.31 	waive the right to cancel in the manner provided by section 515B.4-106, paragraph (a); (ii) 
21.32 	if a purchaser receives a disclosure statement more than fiveten days before signing a 
21.33 	purchase agreement, the purchaser cannot cancel the purchase agreement; and (iii) if a 
21.34 	declarant obligated to deliver a disclosure statement fails to deliver a disclosure statement 
21.35 	which substantially complies with this chapter to a purchaser to whom a unit is conveyed, 
21.36 	the declarant shall be liable to the purchaser as provided in section 515B.4-106(d);
22.1 	(13) a statement disclosing to the extent of the declarant's or an affiliate of a 
22.2 	declarant's actual knowledge, after reasonable inquiry, any unsatisfied judgments or 
22.3 	lawsuits to which the association is a party, and the status of those lawsuits which are 
22.4 	material to the common interest community or the unit being purchased;
22.5 	(14) a statement (i) describing the conditions under which earnest money will be 
22.6 	held in and disbursed from the escrow account, as set forth in section 515B.4-109, (ii) 
22.7 	that the earnest money will be returned to the purchaser if the purchaser cancels the 
22.8 	contract pursuant to section 515B.4-106, and (iii) setting forth the name and address 
22.9 	of the escrow agent;
22.10 	(15) a detailed description of the insurance coverage provided by the association for 
22.11 	the benefit of unit owners, including a statement as to which, if any, of the items referred 
22.12 	to in section 515B.3-113, subsection (b), are insured by the association;
22.13 	(16) any current or expected fees or charges, other than assessments for common 
22.14 	expenses, to be paid by unit owners for the use of the common elements or any other 
22.15 	improvements or facilities;
22.16 	(17) the financial arrangements, including any contingencies, which have been made 
22.17 	to provide for completion of all improvements that the declarant is obligated to build 
22.18 	pursuant to section 515B.4-118, or a statement that no such arrangements have been made;
22.19 	(18) in a cooperative: (i) whether the unit owners will be entitled for federal and 
22.20 	state tax purposes, to deduct payments made by the association for real estate taxes 
22.21 	and interest paid to the holder of a security interest encumbering the cooperative; (ii) a 
22.22 	statement as to the effect on the unit owners if the association fails to pay real estate taxes 
22.23 	or payments due the holder of a security interest encumbering the cooperative; and (iii) the 
22.24 	principal amount and a general description of the terms of any blanket mortgage, contract 
22.25 	for deed, or other blanket security instrument encumbering the cooperative property;
22.26 	(19) a statement: (i) that real estate taxes for the unit or any real property owned by 
22.27 	the association are not delinquent or, if there are delinquent real estate taxes, describing 
22.28 	the property for which the taxes are delinquent, stating the amount of the delinquent 
22.29 	taxes, interest and penalties, and stating the years for which taxes are delinquent, and 
22.30 	(ii) setting forth the amount of real estate taxes, including the amount of any special 
22.31 	assessment certified for payment with the real estate taxes, due and payable with respect to 
22.32 	the unit in the year in which the disclosure statement is given, if real estate taxes have 
22.33 	been separately assessed against the unit;
22.34 	(20) if the association or the purchaser of the unit will be a member of a master 
22.35 	association, a statement to that effect, and all of the following information with 
22.36 	respect to the master association: (i) a copy of the master declaration, the articles of 
23.1 	incorporation, bylaws, and rules and regulations for the master association, together 
23.2 	with any amendments thereto; (ii) the name, address and general description of the 
23.3 	master association, including a general description of any other association, unit 
23.4 	owners, or other persons which are or may become members; (iii) a description of any 
23.5 	nonresidential use permitted on any property subject to the master association; (iv) a 
23.6 	statement as to the estimated maximum number of associations, unit owners or other 
23.7 	persons which may become members of the master association, and the degree and period 
23.8 	of control of the master association by a declarant or other person; (v) a description of 
23.9 	any facilities intended for the benefit of the members of the master association and 
23.10 	not located on property owned or controlled by a member or the master association; 
23.11 	(vi) the financial arrangements, including any contingencies, which have been made to 
23.12 	provide for completion of the facilities referred to in subsection (v), or a statement that no 
23.13 	arrangements have been made; (vii) any current balance sheet of the master association 
23.14 	and a projected or current annual budget, as applicable, which budget shall include with 
23.15 	respect to the master association those items in paragraph (23), clauses (i) through (iii), 
23.16 	and the projected monthly common expense assessment for each type of unit, lot, or other 
23.17 	parcel of real estate which is or is planned to be subject to assessment; (viii) a description 
23.18 	of any expenses or services not reflected in the budget, paid for or provided by a declarant 
23.19 	or a person executing the master declaration, which may become an expense of the master 
23.20 	association in the future; (ix) a description of any powers delegated to and accepted by 
23.21 	the master association pursuant to section 515B.2-121(f)(2); (x) identification of any 
23.22 	liens, defects or encumbrances that will continue to affect title to property owned or 
23.23 	operated by the master association for the benefit of its members; (xi) the terms of any 
23.24 	warranties provided by any person for construction of facilities in which the members of 
23.25 	the master association have or may have an interest, and any known defects in the facilities 
23.26 	which would violate the standards described in section 515B.4-112(b); (xii) a statement 
23.27 	disclosing, after inquiry of the master association, any unsatisfied judgments or lawsuits to 
23.28 	which the master association is a party, and the status of those lawsuits which are material 
23.29 	to the master association; (xiii) a description of any insurance coverage provided for the 
23.30 	benefit of its members by the master association; and (xiv) any current or expected fees or 
23.31 	charges, other than assessments by the master association, to be paid by members of the 
23.32 	master association for the use of any facilities intended for the benefit of the members;
23.33 	(21) a statement as to whether the unit will be substantially completed at the time 
23.34 	of conveyance to a purchaser, and if not substantially completed, who is responsible to 
23.35 	complete and pay for the construction of the unit;
24.1 	(22) a copy of the declaration and any amendments thereto, (exclusive of the CIC 
24.2 	plat), any other recorded covenants, conditions restrictions, and reservations affecting 
24.3 	the common interest community; the articles of incorporation, bylaws and any rules 
24.4 	or regulations of the association; any agreement excluding or modifying any implied 
24.5 	warranties; any agreement reducing the statute of limitations for the enforcement of 
24.6 	warranties; any contracts or leases to be signed by purchaser at closing; and a brief 
24.7 	narrative description of any (i) contracts or leases that are or may be subject to cancellation 
24.8 	by the association under section 515B.3-105 and (ii) any material agreements entered 
24.9 	into between the declarant and a governmental entity that affect the common interest 
24.10 	community; and
24.11 	(23) a balance sheet for the association, current within 90 days; a projected annual 
24.12 	budget for the association; and a statement identifying the party responsible for the 
24.13 	preparation of the budget. The budget shall assume that all units intended to be included 
24.14 	in the common interest community, based upon the declarant's good faith estimate, have 
24.15 	been subjected to the declaration; provided, that additional budget portrayals based upon 
24.16 	a lesser number of units are permitted. The budget shall include, without limitation: (i) 
24.17 	a statement of the amount included in the budget as a reserve for replacement; (ii) a 
24.18 	statement of any other reserves; (iii) the projected common expense for each category of 
24.19 	expenditures for the association; (iv) the projected monthly common expense assessment 
24.20 	for each type of unit; and (v) a footnote or other reference to those components of the 
24.21 	common interest community the maintenance, repair, or replacement of which the budget 
24.22 	assumes will be funded by assessments under section 515B.3-115(e) rather than by 
24.23 	assessments included in the association's annual budget, and a statement referencing 
24.24 	section 515B.3-115(e)(1) or (2) as the source of funding. If, based upon the association's 
24.25 	then current budget, the monthly common expense assessment for the unit at the time of 
24.26 	conveyance to the purchaser is anticipated to exceed the monthly assessment stated in the 
24.27 	budget, a statement to such effect shall be included.
24.28 	(b) A declarant shall promptly amend the disclosure statement to reflect any material 
24.29 	change in the information required by this chapter.
24.30 	(c) The master association, within ten days after a request by a declarant, a holder 
24.31 	of declarant rights, or a purchaser buyer referred to in section 515B.4-101(e), or the 
24.32 	authorized representative of any of them, shall furnish the information required to be 
24.33 	provided by subsection (a)(20). A declarant or other person who provides information 
24.34 	pursuant to subsection (a)(20) is not liable to the purchaser buyer for any erroneous 
24.35 	information if the declarant or other person: (i) is not an affiliate of or related in any 
25.1 	way to a person authorized to appoint the master association board pursuant to section 
25.2 	515B.2-121(c)(3), and (ii) has no actual knowledge that the information is incorrect.

25.3 	Sec. 12. Minnesota Statutes 2004, section 524.3-301, is amended to read:
25.4 	524.3-301 INFORMAL PROBATE OR APPOINTMENT PROCEEDINGS; 
25.5 	APPLICATION; CONTENTS.
25.6 	An informal probate proceeding is an informal proceeding for the probate of 
25.7 	decedent's will with or without an application for informal appointment. An informal 
25.8 	appointment proceeding is an informal proceeding for appointment of a personal 
25.9 	representative in testate or intestate estates. These proceedings may be combined in a 
25.10 	single proceeding. Applications for informal probate or informal appointment shall 
25.11 	be directed to the registrar, and verified by the applicant, in accordance with section  
25.12 	524.1-310, to be accurate and complete to the best of applicant's knowledge and belief 
25.13 	as to the following information: 
25.14 	(1) Every application for informal probate of a will or for informal appointment of 
25.15 	a personal representative, other than a special or successor representative, shall contain 
25.16 	the following:
25.17 	(i) a statement of the interest of the applicant;
25.18 	(ii) the name, Social Security number, birthdate, and date of death of the decedent, 
25.19 	and the county and state of the decedent's domicile at the time of death, and the names and 
25.20 	addresses of the spouse, children, heirs, and devisees and the ages of any who are minors 
25.21 	so far as known or ascertainable with reasonable diligence by the applicant;
25.22 	(iii) if the decedent was not domiciled in the state at the time of death, a statement 
25.23 	showing venue;
25.24 	(iv) a statement identifying and indicating the address of any personal representative 
25.25 	of the decedent appointed in this state or elsewhere whose appointment has not been 
25.26 	terminated;
25.27 	(v) a statement indicating whether the applicant has received a demand for notice, or 
25.28 	is aware of any demand for notice of any probate or appointment proceeding concerning 
25.29 	the decedent that may have been filed in this state or elsewhere.
25.30 	(2) An application for informal probate of a will shall state the following in addition 
25.31 	to the statements required by (1):
25.32 	(i) that the original of the decedent's last will is in the possession of the court, or 
25.33 	accompanies the application, or that an authenticated copy of a will probated in another 
25.34 	jurisdiction accompanies the application;
26.1 	(ii) that the applicant, to the best of the applicant's knowledge, believes the will to 
26.2 	have been validly executed;
26.3 	(iii) that after the exercise of reasonable diligence, the applicant is unaware of any 
26.4 	instrument revoking the will, and that the applicant believes that the instrument which is 
26.5 	the subject of the application is the decedent's last will;
26.6 	(iv) that the time limit for informal probate as provided in this article has not expired 
26.7 	either because three years or less have passed since the decedent's death, or, if more than 
26.8 	three years from death have passed, that circumstances as described by section  524.3-108
26.9 	authorizing tardy probate have occurred. 
26.10 	(3) An application for informal appointment of a personal representative to 
26.11 	administer an estate under a will shall describe the will by date of execution and state 
26.12 	the time and place of probate or the pending application or petition for probate. The 
26.13 	application for appointment shall adopt the statements in the application or petition for 
26.14 	probate and state the name, address and priority for appointment of the person whose 
26.15 	appointment is sought.
26.16 	(4) An application for informal appointment of an administrator in intestacy shall 
26.17 	state in addition to the statements required by (1):
26.18 	(i) that after the exercise of reasonable diligence, the applicant is unaware of any 
26.19 	unrevoked testamentary instrument relating to property having a situs in this state under 
26.20 	section  524.1-301, or, a statement why any such instrument of which the applicant may 
26.21 	be aware is not being probated; 
26.22 	(ii) the priority of the person whose appointment is sought and the names of any 
26.23 	other persons having a prior or equal right to the appointment under section  524.3-203. 
26.24 	(5) An application for appointment of a personal representative to succeed a personal 
26.25 	representative appointed under a different testacy status shall refer to the order in the most 
26.26 	recent testacy proceeding, state the name and address of the person whose appointment 
26.27 	is sought and of the person whose appointment will be terminated if the application is 
26.28 	granted, and describe the priority of the applicant.
26.29 	(6) An application for appointment of a personal representative to succeed a personal 
26.30 	representative who has tendered a resignation as provided in section  524.3-610(c), or 
26.31 	whose appointment has been terminated by death or removal, shall adopt the statements in 
26.32 	the application or petition which led to the appointment of the person being succeeded 
26.33 	except as specifically changed or corrected, state the name and address of the person who 
26.34 	seeks appointment as successor, and describe the priority of the applicant. 

27.1 	Sec. 13. Minnesota Statutes 2004, section 524.3-715, is amended to read:
27.2 	524.3-715 TRANSACTIONS AUTHORIZED FOR PERSONAL 
27.3 	REPRESENTATIVES; EXCEPTIONS.
27.4 	Except as restricted or otherwise provided by the will or by an order in a 
27.5 	formal proceeding and subject to the priorities stated in section  524.3-902, a personal 
27.6 	representative, acting reasonably for the benefit of the interested persons, may properly: 
27.7 	(1) retain assets owned by the decedent pending distribution or liquidation including 
27.8 	those in which the representative is personally interested or which are otherwise improper 
27.9 	for trust investment;
27.10 	(2) receive assets from fiduciaries, or other sources;
27.11 	(3) perform, compromise or refuse performance of the decedent's contracts that 
27.12 	continue as obligations of the estate, as the personal representative may determine under 
27.13 	the circumstances. In performing enforceable contracts by the decedent to convey or lease 
27.14 	land, the personal representative, among other possible courses of action, may:
27.15 	(i) execute and deliver a deed of conveyance for cash payment of all sums remaining 
27.16 	due or the purchaser's note for the sum remaining due secured by a mortgage or deed of 
27.17 	trust on the land; or
27.18 	(ii) deliver a deed in escrow with directions that the proceeds, when paid in 
27.19 	accordance with the escrow agreement, be paid to the successors of the decedent, as 
27.20 	designated in the escrow agreement;
27.21 	(4) satisfy written charitable pledges of the decedent irrespective of whether the 
27.22 	pledges constituted binding obligations of the decedent or were properly presented as 
27.23 	claims, if in the judgment of the personal representative the decedent would have wanted 
27.24 	the pledges completed under the circumstances;
27.25 	(5) if funds are not needed to meet debts and expenses currently payable and are not 
27.26 	immediately distributable, deposit or invest liquid assets of the estate, including moneys 
27.27 	received from the sale of other assets, in federally insured interest-bearing accounts, 
27.28 	readily marketable secured loan arrangements or other prudent investments which would 
27.29 	be reasonable for use by trustees generally;
27.30 	(6) acquire or dispose of an asset, including land in this or another state, for cash or 
27.31 	on credit, at public or private sale; and manage, develop, improve, exchange, partition, 
27.32 	change the character of, or abandon an estate asset;
27.33 	(7) make ordinary or extraordinary repairs or alterations in buildings or other 
27.34 	structures, demolish any improvements, raze existing or erect new party walls or buildings;
27.35 	(8) subdivide, develop or dedicate land to public use; make or obtain the vacation of 
27.36 	plats and adjust boundaries; or adjust differences in valuation on exchange or partition 
28.1 	by giving or receiving considerations; or dedicate easements to public use without 
28.2 	consideration;
28.3 	(9) enter for any purpose into a lease as lessor or lessee, with or without option to 
28.4 	purchase or renew, for a term within or extending beyond the period of administration;
28.5 	(10) enter into a lease or arrangement for exploration and removal of minerals or 
28.6 	other natural resources or enter into a pooling or unitization agreement;
28.7 	(11) abandon property when, in the opinion of the personal representative, it is 
28.8 	valueless, or is so encumbered, or is in condition that it is of no benefit to the estate;
28.9 	(12) vote stocks or other securities in person or by general or limited proxy;
28.10 	(13) pay calls, assessments, and other sums chargeable or accruing against or on 
28.11 	account of securities, unless barred by the provisions relating to claims;
28.12 	(14) hold a security in the name of a nominee or in other form without disclosure of 
28.13 	the interest of the estate but the personal representative is liable for any act of the nominee 
28.14 	in connection with the security so held;
28.15 	(15) insure the assets of the estate against damage, loss and liability and the personal 
28.16 	representative against liability as to third persons;
28.17 	(16) borrow money with or without security to be repaid from the estate assets or 
28.18 	otherwise; and advance money for the protection of the estate;
28.19 	(17) effect a fair and reasonable compromise with any debtor or obligor, or extend, 
28.20 	renew or in any manner modify the terms of any obligation owing to the estate. The 
28.21 	personal representative on holding a mortgage, pledge or other lien upon property of 
28.22 	another person may, in lieu of foreclosure, accept a conveyance or transfer of encumbered 
28.23 	assets from the owner thereof in satisfaction of the indebtedness secured by lien;
28.24 	(18) pay in compliance with section  524.3-805, but without the presentation of 
28.25 	a claim, the reasonable and necessary last illness expenses of the decedent (except as 
28.26 	provided in section  524.3-806 (a)), reasonable funeral expenses, debts and taxes with 
28.27 	preference under federal or state law, and other taxes, assessments, compensation of the 
28.28 	personal representative and the personal representative's attorney, and all other costs and 
28.29 	expenses of administration although the same may be otherwise barred under section  
28.30 	524.3-803; 
28.31 	(19) sell or exercise stock subscription or conversion rights; consent, directly 
28.32 	or through a committee or other agent, to the reorganization, consolidation, merger, 
28.33 	dissolution, or liquidation of a corporation or other business enterprise;
28.34 	(20) allocate items of income or expense to either estate income or principal, as 
28.35 	permitted or provided by law;
29.1 	(21) employ persons, including attorneys, auditors, investment advisors, or agents, 
29.2 	even if they are associated with the personal representative, to advise or assist the personal 
29.3 	representative in the performance of administrative duties; act without independent 
29.4 	investigation upon their recommendations; and instead of acting personally, employ one 
29.5 	or more agents to perform any act of administration, whether or not discretionary;
29.6 	(22) prosecute or defend claims, or proceedings in any jurisdiction for the protection 
29.7 	of the estate and of the personal representative in the performance of duties;
29.8 	(23) sell, mortgage, or lease any real or personal property of the estate or any interest 
29.9 	therein, including the homestead, exempt or otherwise,  for cash, credit, or for part cash 
29.10 	and part credit, and with or without security for unpaid balances, provided, however,
29.11 	and without the consent of any devisee or heir unless the property has been specifically 
29.12 	devised to a devisee or heir by decedent's will, except  that the homestead of a decedent 
29.13 	when the spouse takes any interest therein shall not be sold, mortgaged or leased unless 
29.14 	the written consent of the spouse has been obtained;
29.15 	(24) continue any unincorporated business or venture in which the decedent was 
29.16 	engaged at the time of death (i) in the same business form for a period of not more 
29.17 	than four months from the date of appointment of a general personal representative if 
29.18 	continuation is a reasonable means of preserving the value of the business including good 
29.19 	will, (ii) in the same business form for any additional period of time that may be approved 
29.20 	by order of the court in a formal proceeding to which the persons interested in the estate 
29.21 	are parties; or (iii) throughout the period of administration if the business is incorporated 
29.22 	by the personal representative and if none of the probable distributees of the business who 
29.23 	are competent adults object to its incorporation and retention in the estate;
29.24 	(25) incorporate any business or venture in which the decedent was engaged at 
29.25 	the time of death;
29.26 	(26) provide for exoneration of the personal representative from personal liability in 
29.27 	any contract entered into on behalf of the estate;
29.28 	(27) satisfy and settle claims and distribute the estate as provided in this chapter;
29.29 	(28) foreclose a mortgage, lien, or pledge or collect the debts secured thereby, or 
29.30 	complete any such proceeding commenced by the decedent;
29.31 	(29) exercise all powers granted to guardians and conservators by sections  524.5-101
29.32 	to  524.5-502. 

29.33 	Sec. 14. Minnesota Statutes 2004, section 524.3-803, is amended to read:
29.34 	524.3-803 LIMITATIONS ON PRESENTATION OF CLAIMS.
30.1 	(a) All claims as defined in section  524.1-201(4) (6), against a decedent's estate 
30.2 	which arose before the death of the decedent, including claims of the state and any 
30.3 	subdivision thereof, whether due or to become due, absolute or contingent, liquidated or 
30.4 	unliquidated, if not barred earlier by other statute of limitations, are barred against the 
30.5 	estate, the personal representative, and the heirs and devisees of the decedent, unless 
30.6 	presented as follows: 
30.7 	(1) in the case of a creditor who is only entitled, under the United States Constitution 
30.8 	and under the Minnesota Constitution, to notice by publication under section  524.3-801, 
30.9 	within four months after the date of the court administrator's notice to creditors which 
30.10 	is subsequently published pursuant to section  524.3-801; 
30.11 	(2) in the case of a creditor who was served with notice under section  524.3-801,
30.12 	paragraph (c), within the later to expire of four months after the date of the first publication 
30.13 	of notice to creditors or one month after the service; 
30.14 	(3) within the later to expire of one year after the decedent's death, or one year after 
30.15 	June 16, 1989, whether or not notice to creditors has been published or served under 
30.16 	section  524.3-801, provided, however, that in the case of a decedent who died before June 
30.17 	16, 1989, no claim which was then barred by any provision of law may be deemed to have 
30.18 	been revived by the amendment of this section. 
30.19 	(b) All claims against a decedent's estate which arise at or after the death of the 
30.20 	decedent, including claims of the state and any subdivision thereof, whether due or to 
30.21 	become due, absolute or contingent, liquidated or unliquidated, are barred against the 
30.22 	estate, the personal representative, and the heirs and devisees of the decedent, unless 
30.23 	presented as follows:
30.24 	(1) a claim based on a contract with the personal representative, within four months 
30.25 	after performance by the personal representative is due;
30.26 	(2) any other claim, within four months after it arises.
30.27 	(c) Nothing in this section affects or prevents:
30.28 	(1) any proceeding to enforce any mortgage, pledge, or other lien upon property 
30.29 	of the estate;
30.30 	(2) any proceeding to establish liability of the decedent or the personal representative 
30.31 	for which there is protection by liability insurance, to the limits of the insurance protection 
30.32 	only;
30.33 	(3) the presentment and payment at any time within one year after the decedent's 
30.34 	death of any claim arising before the death of the decedent that is referred to in section  
30.35 	524.3-715, clause (18), although the same may be otherwise barred under this section; or 
31.1 	(4) the presentment and payment at any time before a petition is filed in compliance 
31.2 	with section  524.3-1001 or  524.3-1002 or a closing statement is filed under section  
31.3 	524.3-1003, of: 
31.4 	(i) any claim arising after the death of the decedent that is referred to in section  
31.5 	524.3-715, clause (18), although the same may be otherwise barred hereunder; 
31.6 	(ii) any other claim, including claims subject to clause (3), which would otherwise be 
31.7 	barred hereunder, upon allowance by the court upon petition of the personal representative 
31.8 	or the claimant for cause shown on notice and hearing as the court may direct.

31.9 	Sec. 15. Minnesota Statutes 2005 Supplement, section 548.27, is amended to read:
31.10 	548.27 FILING AND STATUS OF FOREIGN JUDGMENTS.
31.11 	(a) A certified copy of any foreign judgment may be filed in the office of the court 
31.12 	administrator of any district court of this state. Subject to paragraph (b), The court 
31.13 	administrator shall treat the foreign judgment in the same manner as a judgment of 
31.14 	any district court or the Supreme Court of this state, and. The time period provided in 
31.15 	section 548.09 for the continuation of the lien on real property, the rate of interest accrual 
31.16 	provided in section 549.09, the time period provided in section 550.01 for the enforcement 
31.17 	of the judgment, and the requirements of sections 508.63 and 508A.63 apply to foreign 
31.18 	judgments filed pursuant to this section. For purposes of sections 548.09, 549.09, 550.01, 
31.19 	508.63, and 508A.63, the date of entry of a foreign judgment is the original date of entry 
31.20 	in the foreign jurisdiction. Upon the filing of a certified copy of a foreign judgment in 
31.21 	the office of the court administrator of district court of a county, it may not be filed in 
31.22 	another district court in the state. A judgment so filed has the same effect and is subject to 
31.23 	the same procedures, defenses and proceedings for reopening, vacating, or staying as a 
31.24 	judgment of a district court or the Supreme Court of this state, and may be enforced or 
31.25 	satisfied in like manner.
31.26 	(b) If the creditor wants the foreign state's life span or interest rate applied to the 
31.27 	judgment, the creditor or creditor's attorney must file an affidavit attesting to the foreign 
31.28 	state's life span or interest rate, and a subsequent affidavit each time the interest rate or life 
31.29 	span changes. Absent such an affidavit, Minnesota's life span and interest rate shall be 
31.30 	applied to the judgment.

31.31 	Sec. 16. APPLICABILITY; TRANSITION PROVISIONS.
 31.32 	Section 13 applies to every conveyance by a personal representative made before, 
31.33 	on, or after the effective date of this section, except that it does not affect an action or 
31.34 	proceeding that is:
32.1 	(1) pending on the effective date of section 13 involving the validity of the 
32.2 	conveyance; or 
32.3 	(2) commenced prior to February 1, 2007, if a notice of the pendency of the action 
32.4 	or proceeding is recorded before February 1, 2007, in the office of the county recorder 
32.5 	or registrar of titles of the county in which the real property affected by the action or 
32.6 	proceeding is located.