HF 3073

1st Unofficial Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

1.1                                        A bill for an act
1.2     relating to property; modifying certain tax liens upon land; providing for 
1.3     certificates of custodianship; modifying mechanic's lien provisions; modifying 
1.4     certain probate and trust provisions and clarifying the administrative powers 
1.5     of personal representatives to sell, mortgage, or lease property of a decedent; 
1.6     making clarifying, technical, and conforming changes to the Minnesota 
1.7     Common Interest Ownership Act; providing for summary real estate judgments; 
1.8     providing for filing and status of foreign judgments;amending Minnesota 
1.9     Statutes 2004, sections 272.44; 272.45; 514.10; 518.191, subdivisions 2, 4, by 
1.10    adding a subdivision; 524.3-301; 524.3-715; 524.3-803; Minnesota Statutes 
1.11    2005 Supplement, sections 253B.23, subdivision 2; 515B.1-102; 515B.1-106; 
1.12    515B.2-101; 515B.2-110; 515B.2-112; 515B.2-121; 515B.3-115; 515B.3-117; 
1.13    515B.4-101; 515B.4-102; 548.27; proposing coding for new law in Minnesota 
1.14    Statutes, chapter 501B.
1.15    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

2.7         Sec. 2. Minnesota Statutes 2004, section 272.44, is amended to read:
2.8     272.44 TAXES PAID BY LIEN HOLDERS ARE AN ADDITIONAL ADDED 
2.9     TO LIEN.
2.10    Any person who has a lien, by mortgage or otherwise, upon any land upon which the 
2.11    taxes have not been paid when they came due, may pay such taxes before or after the same 
2.12    become delinquent, and the interest, penalty, and costs, if any, thereon; and the money so 
2.13    paid shall be an additional added to the lien on such land; and, with the interest thereon 
2.14    at the rate specified in the mortgage or, other instrument, or by law, shall be collectible 
2.15    with, as a part of, and in the same manner as the amount secured by the original lien. No 
2.16    interest shall accrue on the taxes so paid by such mortgagee lienholder prior to June first 
2.17    of the year in which such taxes become due and payable.

2.18        Sec. 3. Minnesota Statutes 2004, section 272.45, is amended to read:
2.19    272.45 TAXES PAID BY TENANT, OCCUPANT, OR OTHER PERSON 
2.20    BECOME LIEN, UPON NOTICE FILED WITH COUNTY RECORDER OR 
2.21    REGISTRAR OF TITLES.
2.22    When any past due or delinquent tax on land is paid by or collected from any 
2.23    occupant or, tenant, or any other person with an interest in the land other than a lien, or a 
2.24    person acting on that person's behalf, which, by agreement or otherwise, ought to have 
2.25    been paid by the owner, lessor, or other party in interest, such occupant, tenant, or other 
2.26    person may recover by action the amount which such owner, lessor, or party in interest 
2.27    ought to have paid, with interest thereon at the rate of 12 percent per annum, or may retain 
2.28    the same from any rent due or accruing from the person to such owner or lessor for land on 
2.29    which such tax is so paid. Any such A person making such a payment under this section 
2.30    may file with the county recorder or registrar of titles of the proper county a notice stating 
2.31    the amount and date of such payment, and whether paid as occupant, tenant, or otherwise 
2.32    stating the interest claimed in the land, with a description of the land against which the 
2.33    taxes were charged; and the same shall thereupon be a lien upon such land in favor of the 
2.34    person paying the same until the same is paid. The county recorder shall record such 
3.1     notice in the book of miscellaneous records indices maintained by the county recorder. 
3.2     The registrar of titles shall record the notice on the certificate of title for the land. Upon 
3.3     the payment of any such lien, the person filing such notice shall satisfy the same of record.

3.4         Sec. 4. [501B.561] CERTIFICATE OF CUSTODIANSHIP.
3.5         Subdivision 1. Contents of certificate. (a) A custodian or the owner of property 
3.6     held in a custodianship, at any time after execution or creation of a custodianship 
3.7     instrument, may execute a certificate of custodianship that sets forth less than all of 
3.8     the provisions of the custodial instrument and any amendments to the instrument.  The 
3.9     certificate of custodianship may be used for purposes of selling, conveying, pledging, 
3.10    mortgaging, leasing, or transferring title to any interest in real or personal property.  The 
3.11    certificate of custodianship must include:
3.12    (1) the name of the custodianship, if one is given;
3.13    (2) the date of the custodianship instrument;
3.14    (3) the name of each owner of property held in the custodianship;
3.15    (4) the name of each original custodian;
3.16    (5) the name and address of each custodian empowered to act under the custodianship 
3.17    instrument at the time of execution of the certificate;
3.18    (6) the following statement:  "The custodians are authorized by the instrument to 
3.19    sell, convey, pledge, mortgage, lease, or transfer title to any interest in real or personal 
3.20    property, except as limited by the following:  (if none, so indicate)";
3.21    (7) any other custodianship provisions the custodians or owners of property held 
3.22    in the custodianship include; and 
3.23    (8) a statement as to whether the custodianship instrument has terminated or been 
3.24    revoked.
3.25    (b) The certificate of custodianship must be upon the representation of the custodians 
3.26    or the owners of property held in the custodianship that the statements contained in the 
3.27    certificate of custodianship are true and correct and that there are no other provisions 
3.28    in the custodianship instrument or amendments to it that limit the powers of the 
3.29    custodianship to sell, convey, pledge, mortgage, lease, or transfer title to interests in real 
3.30    or personal property.  The signature of the custodians or the owners of property held in 
3.31    the custodianship must be under oath before a notary public or other official authorized 
3.32    to administer oaths.
3.33        Subd. 2. Effect. A certificate of custodianship executed under subdivision 1 may 
3.34    be recorded in the office of the county recorder for any county, or filed with the office 
3.35    of the registrar of titles with respect to registered land described in the certificate of 
4.1     custodianship or any attachment to it.  When it is recorded or filed in a county where real 
4.2     property is situated, or in the case of personal property, when it is presented to a third party, 
4.3     the certificate of custodianship serves to document the existence of the custodianship, the 
4.4     identity of the custodians, the powers of the custodians and any limitations on those 
4.5     powers, and other matters the certificate of custodianship sets out, as though the full 
4.6     custodianship instrument had been recorded, filed, or presented.  Until amended or 
4.7     revoked under subdivision 3, or until the full custodianship instrument is recorded, filed, 
4.8     or presented, a certificate of custodianship is prima facie proof as to the matters contained 
4.9     in it, and any party may rely upon the continued effectiveness of the certificate.
4.10        Subd. 3. Amendment or revocation. (a) Amendment or revocation of a certificate 
4.11    of custodianship may be made only by a written instrument executed by a custodian or an 
4.12    owner of property held in the custodianship.  Amendment or revocation of a certificate 
4.13    of custodianship is not effective as to a party unless that party has actual notice of the 
4.14    amendment or revocation.
4.15    (b) For purposes of this subdivision, "actual notice" means that a written instrument 
4.16    of amendment or revocation has been received by the party or, in the case of real property, 
4.17    that either a written instrument of amendment or revocation has been received by the party 
4.18    or that a written instrument of amendment or revocation containing the legal description 
4.19    of the real property has been recorded in the office of the county recorder or filed in the 
4.20    office of the registrar of titles where the real property is situated.
4.21        Subd. 4. Application. (a) Subdivisions 1 to 3 are effective August 1, 2006, but 
4.22    apply to custodianship instruments whenever created or executed.
4.23    (b) Subdivisions 1 to 3 apply only to custodianships established under a federal 
4.24    law or under a statute of this or any other state.  Subdivisions 1 to 3 do not apply to 
4.25    custodianships governed by chapter 527 or by the similar laws of another state.

4.26        Sec. 5. [501B.571] AFFIDAVIT OF CUSTODIAN IN REAL PROPERTY 
4.27    TRANSACTIONS.
4.28        Subdivision 1. Form of affidavit for custodianship. An affidavit of a custodian 
4.29    or of custodians of a custodianship in support of a real property transaction may be 
4.30    substantially in the following form:
4.31    STATE OF                             
4.32    MINNESOTA )              AFFIDAVIT OF CUSTODIAN
4.33            ) ss.                        
4.34    COUNTY OF )                            
5.1     .........................., being first duly sworn on oath says that:
5.2     1.  Affiant is the custodian (one of the custodians) named in that certain Certificate of 
5.3     Custodianship (or Custodianship Instrument) 
5.4     filed for record ......., ...., as Document No. ..... (or in Book ..... of ............, Page 
5.5     ......) in the Office of the (County Recorder/Registrar of Titles) of ........... County, 
5.6     Minnesota,
5.7     OR 
5.8     to which this Affidavit is attached,
5.9     executed by Affiant or another custodian or by the owner of the property that is held 
5.10    in the custodianship described in the Certificate of Custodianship (or set forth in 
5.11    the Custodianship Instrument), and which relates to real property in .......... County, 
5.12    Minnesota, legally described as follows:
5.13    .......................................................... ............................................................... 
5.14    ............................................................... ...............................................................
5.15    (If more space is needed, continue on back or on attachment.) 
5.16    2.  The name(s) and address(es) of the custodian(s) empowered by the Custodian 
5.17    Instrument to act at the time of the execution of this Affidavit are as follows:
5.18    ......................................................... .............................................................. 
5.19    ..............................................................
5.20    3.  The custodian(s) who have executed that certain instrument relating to the real 
5.21    property described above between ........................, as custodian(s) and ..........................., 
5.22    dated .........., ....:
5.23    (i) are empowered by the provisions of the custodianship to sell, convey, pledge, 
5.24    mortgage, lease, or transfer title to any interest in real property held in custodianship; and 
5.25    (ii) are the requisite number of custodians required by the provisions of the 
5.26    custodianship to execute and deliver such an instrument.
5.27    4.  The custodianship has not terminated and has not been revoked.
5.28    - OR -
5.29    4.  The custodianship has terminated (or has been revoked).  The execution and 
5.30    delivery of the instrument described in paragraph 3 has been made pursuant to the 
5.31    provisions of the custodianship.
5.32    5.  There has been no amendment to the custodianship which limits the power of 
5.33    custodian(s) to execute and deliver the instrument described in paragraph 3.
5.34    6.  The custodianship is not supervised by any court.
5.35    - OR -
6.1     6.  The custodianship is supervised by the ............ Court of .............. County, 
6.2     ................  All necessary approval has been obtained from the court for the custodian(s) to 
6.3     execute and deliver the instrument described in paragraph 3.
6.4     7.  Affiant does not have actual knowledge of any facts indicating that the 
6.5     custodianship is invalid.
6.6                 .............................  
6.7     Subscribed and sworn to before me    , Affiant 
6.8      this .... day of ........., .....            
6.9                 ....................................................
6.10    Notary Stamp or Seal Signature of Notary Public or 
6.11                Other Official
6.12    This instrument was drafted by:            
6.13    .....................................................            
6.14    .....................................................            
6.15        Subd. 2. Effect. An affidavit by the custodian or custodians under subdivision 1 
6.16    is proof that:
6.17    (1) the custodianship described in the affidavit is a valid custodianship;
6.18    (2) either the custodianship has not terminated or been revoked or, if the 
6.19    custodianship has terminated or been revoked, the conveyance described in the affidavit 
6.20    is made pursuant to the provisions of the custodianship;
6.21    (3) the powers granted the custodian or custodians extend to the real property 
6.22    described in the affidavit or attachment to the affidavit;
6.23    (4) no amendment to the custodianship has been made limiting the power of the 
6.24    custodian or custodians to sell, convey, pledge, mortgage, lease, or transfer title to the real 
6.25    property described in the affidavit or attachment to the affidavit, if any;
6.26    (5) the requisite number of custodians have executed and delivered the instrument of 
6.27    conveyance described in the affidavit; and 
6.28    (6) any necessary court approval of the transaction has been obtained.
6.29    The proof is conclusive as to any party relying on the affidavit, except a party dealing 
6.30    directly with the custodian or custodians who has actual knowledge of facts to the contrary.
6.31        Subd. 3. Recording or filing. An Affidavit of Custodian or Custodians under 
6.32    subdivision 1 may be recorded in the office of the county recorder for any county, or 
6.33    filed with the office of the registrar of titles for any county with respect to registered 
6.34    land described in the affidavit, or in the Certificate of Custodianship or Custodianship 
7.1     Instrument referred to in the affidavit, and may be recorded or filed as a separate 
7.2     document or combined with or attached to an original or certified copy of a Certificate of 
7.3     Custodianship or Custodianship Instrument, and recorded or filed as one document.
7.4         Subd. 4. Application. (a) Subdivisions 1 to 3 are effective August 1, 2006, but 
7.5     apply to custodianship instruments whenever created or executed.
7.6     (b) Subdivisions 1 to 3 apply only to custodianships established under a federal 
7.7     law or under a statute of this or any other state.  Subdivisions 1 to 3 do not apply to 
7.8     custodianships governed by chapter 527 or by the similar laws of another state.

7.9         Sec. 6. Minnesota Statutes 2004, section 514.10, is amended to read:
7.10    514.10 FORECLOSURE OF LIENS.
7.11    Such liens may be enforced by action in the district court of the county in which 
7.12    the improved premises or some part thereof are situated, or, if claimed under section  
7.13    514.04, of any county through or into which the railway or other line extends, which 
7.14    action shall be begun and conducted in the same manner as actions for the foreclosure of 
7.15    mortgages upon real estate, except as herein otherwise provided, but the owner or any 
7.16    person or party having an interest in or lien upon the property against which a lien has 
7.17    been filed under the provisions of this chapter may bring an action to remove the lien in 
7.18    the nature of an action to determine adverse claims and subject to all the provisions of law 
7.19    regarding actions to determine adverse claims. 
7.20    When an action has been brought, either by the lien claimant to enforce the lien or by 
7.21    the owner, person or party having an interest in or a lien upon the property against which a 
7.22    lien claim has been filed to determine adverse claims, as provided herein, application may 
7.23    be made at any time after such action has been commenced by any of the persons or parties 
7.24    above mentioned to have the property affected by any such lien, released from the lien by 
7.25    giving ten days' notice, or such other and shorter notice as the court may order and direct, 
7.26    to the lien claimant, or the lien claimant's attorney, of intention to apply to the district 
7.27    court for the release of such lien and of the time and place of hearing. Upon a hearing 
7.28    upon an application the court shall fix a sum of money or an amount of a bond from a 
7.29    surety listed on the United States Department of Treasury Circular 570 made payable upon 
7.30    the entry of judgment as provided in this section to be deposited by the applicant with the 
7.31    court administrator of the district court, which sum shall not be less than the aggregate 
7.32    amount of, (1) the amount claimed in the lien statement, (2) $18 for every $100 or fraction 
7.33    thereof, to cover interest, (3) the probable disbursements in an action to enforce the claim 
7.34    for which the lien statement was filed, (4) an amount not less than double the amount of 
7.35    attorneys' fees allowed upon the foreclosure under section  582.01, to cover any allowance 
8.1     the court may make upon the trial for costs and attorneys' fees in the action or upon 
8.2     appeal. Upon making a deposit in the amount so fixed in the order of court, an order shall 
8.3     be made by the court releasing the premises described in the statement thereof from the 
8.4     effect of such lien. The lien claimant shall have the same right of lien against such money 
8.5     or bond deposit as against the property released. The order releasing the lien may be filed 
8.6     in the office of the county recorder or registrar of titles, if registered land, of the county in 
8.7     which the lien statement is recorded or filed, and thereupon the premises affected shall be 
8.8     released therefrom. The court shall by the same order discharge any notice of lis pendens 
8.9     filed in any action in which such lien may be asserted if it appears that all mechanics' liens 
8.10    filed or recorded against the property covered by the lis pendens have been released. 
8.11    After the release of the property affected, the judgment ordered in any action either 
8.12    to enforce such lien or determine adverse claims and remove such lien, in the event that 
8.13    the lien is established, shall provide that it be paid, and it shall be paid without further 
8.14    proceedings out of the deposit made as provided herein. The judgment of the district 
8.15    court establishing a lien, unless a written notice of intention to appeal therefrom is served 
8.16    on the court administrator of the district court within 30 days from the entry of such 
8.17    judgment, shall be authority to such court administrator to pay the amount specified in 
8.18    such judgment to the persons entitled thereto, or their attorney of record in the action from 
8.19    the amount of money on deposit or to allow the claimant to collect on the bond that has 
8.20    been deposited. The balance of deposits the deposit of money or bond, if any, shall be 
8.21    returned to the depositor. If the lien was not a valid and enforceable one, the judgment 
8.22    shall direct the return of the whole deposit to the depositor unless the claimant obtains 
8.23    judgment against such depositor personally and in such case the judgment shall be paid 
8.24    as hereinbefore specified.

8.25        Sec. 7. Minnesota Statutes 2005 Supplement, section 515B.1-102, is amended to read:
8.26    515B.1-102 APPLICABILITY.
8.27    (a) Except as provided in this section, this chapter, and not chapters 515 and 515A, 
8.28    applies to all common interest communities created within this state on and after June 
8.29    1, 1994.
8.30    (b) The applicability of this chapter to common interest communities created prior to 
8.31    June 1, 1994, shall be as follows:
8.32    (1) This chapter shall apply to condominiums created under chapter 515A with 
8.33    respect to events and circumstances occurring on and after June 1, 1994; provided (i) that 
8.34    this chapter shall not invalidate the declarations, bylaws or condominium plats of those 
8.35    condominiums, and (ii) that chapter 515A, and not this chapter, shall govern all rights and 
9.1     obligations of a declarant of a condominium created under chapter 515A, and the rights 
9.2     and claims of unit owners against that declarant.
9.3     (2) The following sections in this chapter apply to condominiums created under 
9.4     chapter 515: 515B.1-104 (Variation by Agreement); 515B.1-105 (Separate Titles and 
9.5     Taxation); 515B.1-106 (Applicability of Local Ordinances, Regulations, and Building 
9.6     Codes); 515B.1-107 (Eminent Domain); 515B.1-108 (Supplemental General Principles 
9.7     of Law Applicable); 515B.1-109 (Construction Against Implicit Repeal); 515B.1-112 
9.8     (Unconscionable Agreement or Term of Contract); 515B.1-113 (Obligation of Good 
9.9     Faith); 515B.1-114 (Remedies to be Liberally Administered); 515B.1-115 (Notice); 
9.10    515B.1-116 (Recording); 515B.2-103 (Construction and Validity of Declaration and 
9.11    Bylaws); 515B.2-104 (Description of Units); 515B.2-108(d) (Allocation of Interests); 
9.12    515B.2-109(c) (Common Elements and Limited Common Elements); 515B.2-112 
9.13    (Subdivision or Conversion of Units); 515B.2-113 (Alteration of Units); 515B.2-114 
9.14    (Relocation of Boundaries Between Adjoining Units); 515B.2-115 (Minor Variations 
9.15    in Boundaries); 515B.2-118 (Amendment of Declaration); 515B.2-119 (Termination 
9.16    of Common Interest Community); 515B.3-102 (Powers of Unit Owners' Association); 
9.17    515B.3-103(a), (b), and (g) (Board; Directors and Officers; Period of Declarant Control); 
9.18    515B.3-107 (Upkeep of Common Interest Community); 515B.3-108 (Meetings); 
9.19    515B.3-109 (Quorums); 515B.3-110 (Voting; Proxies); 515B.3-111 (Tort and Contract 
9.20    Liability); 515B.3-112 (Conveyance or Encumbrance of Common Elements); 515B.3-113 
9.21    (Insurance); 515B.3-114 (Reserves; Surplus Funds); 515B.3-115(c), (e), (f), (g), (h), and 
9.22    (i) (Assessments for Common Expenses); 515B.3-116 (Lien for Assessments); 515B.3-117 
9.23    (Other Liens); 515B.3-118 (Association Records); 515B.3-119 (Association as Trustee); 
9.24    515B.3-121 (Accounting Controls); 515B.4-107 (Resale of Units); 515B.4-108 
9.25    (Purchaser's Right to Cancel Resale); and 515B.4-116 (Rights of Action; Attorney's Fees). 
9.26    Section 515B.1-103 (Definitions) shall apply to the extent necessary in construing any of 
9.27    the sections referenced in this section. Sections 515B.1-105, 515B.1-106, 515B.1-107, 
9.28    515B.1-116, 515B.2-103, 515B.2-104, 515B.2-118, 515B.3-102, 515B.3-110, 
9.29    515B.3-111, 515B.3-113, 515B.3-116, 515B.3-117, 515B.3-118, 515B.3-121, 515B.4-107, 
9.30    515B.4-108, and 515B.4-116 apply only with respect to events and circumstances 
9.31    occurring on and after June 1, 1994. All other sections referenced in this section apply 
9.32    only with respect to events and circumstances occurring after July 31, 1999. A section 
9.33    referenced in this section does not invalidate the declarations, bylaws or condominium 
9.34    plats of condominiums created before August 1, 1999. But all sections referenced in this 
9.35    section prevail over the declarations, bylaws, CIC plats, rules and regulations under them, 
10.1    of condominiums created before August 1, 1999, except to the extent that this chapter 
10.2    defers to the declarations, bylaws, CIC plats, or rules and regulations issued under them.
10.3    (3) This chapter shall not apply to cooperatives and planned communities created 
10.4    prior to June 1, 1994; except by election pursuant to subsection (d), and except that 
10.5    sections 515B.1-116, subsections (a), (c), (d), (e), (f), and (h), 515B.4-107, and 
10.6    515B.4-108, apply to all planned communities and cooperatives regardless of when they 
10.7    are created, unless they are exempt under subsection (e).
10.8    (c) This chapter shall not invalidate any amendment to the declaration, bylaws 
10.9    or condominium plat of any condominium created under chapter 515 or 515A if the 
10.10   amendment was recorded before June 1, 1994. Any amendment recorded on or after June 
10.11   1, 1994, shall be adopted in conformity with the procedures and requirements specified by 
10.12   those instruments and by this chapter. If the amendment grants to any person any rights, 
10.13   powers or privileges permitted by this chapter, all correlative obligations, liabilities and 
10.14   restrictions contained in this chapter shall also apply to that person.
10.15   (d) Any condominium created under chapter 515, any planned community or 
10.16   cooperative which would be exempt from this chapter under subsection (e), or any planned 
10.17   community or cooperative created prior to June 1, 1994, may elect to be subject to this 
10.18   chapter, as follows:
10.19   (1) The election shall be accomplished by recording a declaration or amended 
10.20   declaration, and a new or amended CIC plat where required, and by approving bylaws or 
10.21   amended bylaws, which conform to the requirements of this chapter, and which, in the 
10.22   case of amendments, are adopted in conformity with the procedures and requirements 
10.23   specified by the existing declaration and bylaws of the common interest community, 
10.24   and by any applicable statutes.
10.25   (2) In a condominium, the preexisting condominium plat shall be the CIC plat and 
10.26   an amended CIC plat shall be required only if the amended declaration or bylaws contain 
10.27   provisions inconsistent with the preexisting condominium plat. The condominium's CIC 
10.28   number shall be the apartment ownership number or condominium number originally 
10.29   assigned to it by the recording officer. In a cooperative in which the unit owners' interests 
10.30   are characterized as real estate, a CIC plat shall be required. In a planned community, the 
10.31   preexisting plat recorded pursuant to chapter 505, 508, or 508A, or the part of the plat 
10.32   upon which the common interest community is located, shall be the CIC plat.
10.33   (3) The amendment shall comply with section 515B.2-118(a)(3).
10.34   (4) Except as permitted by paragraph (3), no declarant, affiliate of declarant, 
10.35   association, master association nor unit owner may acquire, increase, waive, reduce or 
10.36   revoke any previously existing warranty rights or causes of action that one of said persons 
11.1    has against any other of said persons by reason of exercising the right of election under 
11.2    this subsection.
11.3    (5) A common interest community which elects to be subject to this chapter may, as 
11.4    a part of the election process, change its form of ownership by complying with section 
11.5    515B.2-123.
11.6    (e) Except as otherwise provided in this subsection, this chapter shall not apply, 
11.7    except by election pursuant to subsection (d), to the following:
11.8    (1) a planned community which consists of two units, which utilizes a common 
11.9    interest community plat complying with section 515B.2-110(d)(1) and (2), which is not 
11.10   subject to any rights to subdivide or convert units or to add additional real estate, and 
11.11   which is not subject to a master association;
11.12   (2) a common interest community where the units consist solely of separate parcels 
11.13   of real estate designed or utilized for detached single family dwellings or agricultural 
11.14   purposes, and where the association or a master association has no obligation to maintain 
11.15   any building containing a dwelling or any agricultural building;
11.16   (3) a cooperative where, at the time of creation of the cooperative, the unit owners' 
11.17   interests in the dwellings as described in the declaration consist solely of proprietary 
11.18   leases having an unexpired term of fewer than 20 years, including renewal options;
11.19   (4) planned communities utilizing a common interest community plat complying 
11.20   with section 515B.2-110(d)(1) and (2) and cooperatives, which are limited by the 
11.21   declaration to nonresidential use; or
11.22   (5) real estate subject only to an instrument or instruments filed primarily for the 
11.23   purpose of creating or modifying rights with respect to access, utilities, parking, ditches, 
11.24   drainage, or irrigation.
11.25   (f) Section 515B.4-101(e) applies to any platted lot or other parcel of real estate that 
11.26   is subject to a master declaration and is not subject to or is exempt from this chapter.
11.27   (f) (g) Section 515B.1-106 shall apply to all common interest communities.

11.28       Sec. 8. Minnesota Statutes 2005 Supplement, section 515B.1-106, is amended to read:
11.29   515B.1-106 APPLICABILITY OF LOCAL REQUIREMENTS.
11.30   (a) Except as provided in subsections (b) and (c), a zoning, subdivision, building 
11.31   code, or other real estate use law, ordinance, charter provision, or regulation may not 
11.32   directly or indirectly prohibit the common interest community form of ownership or 
11.33   impose any requirement upon a common interest community, upon the creation or 
11.34   disposition of a common interest community or upon any part of the common interest 
11.35   community conversion process which it would not impose upon a physically similar 
12.1    development under a different form of ownership. Otherwise, no provision of this chapter 
12.2    invalidates or modifies any provision of any zoning, subdivision, building code, or other 
12.3    real estate use law, ordinance, charter provision, or regulation.
12.4    (b) Subsection (a) shall not apply to any ordinance, rule, regulation, charter provision 
12.5    or contract provision relating to the financing of housing construction, rehabilitation, or 
12.6    purchases provided by or through a housing finance program established and operated 
12.7    pursuant to state or federal law by a state or local agency or local unit of government.
12.8    (c) A statutory or home rule charter city, pursuant to an ordinance or charter 
12.9    provision establishing standards to be applied uniformly within its jurisdiction, may 
12.10   prohibit or impose reasonable conditions upon the conversion of buildings occupied 
12.11   wholly or partially for residential use to the common interest community form of 
12.12   ownership only if there exists within the city a significant shortage of suitable rental 
12.13   dwellings available to low and moderate income individuals or families or to establish or 
12.14   maintain the city's eligibility for any federal or state program providing direct or indirect 
12.15   financial assistance for housing to the city. Prior to the adoption of an ordinance pursuant 
12.16   to the authority granted in this subsection, the city shall conduct a public hearing. Any 
12.17   ordinance or charter provision adopted pursuant to this subsection shall not apply to 
12.18   any existing or proposed conversion common interest community (i) for which a bona 
12.19   fide loan commitment for a consideration has been issued by a lender and is in effect on 
12.20   the date of adoption of the ordinance or charter provision, or (ii) for which a notice of 
12.21   conversion or intent to convert required by section 515B.4-111, containing a termination 
12.22   of tenancy, has been given to at least 75 percent of the tenants and subtenants in possession 
12.23   prior to the date of adoption of the ordinance or charter provision.
12.24   (d) For purposes of providing marketable title, a statement in the declaration that 
12.25   the common interest community is not subject to an ordinance or that any conditions 
12.26   required under an ordinance have been complied with shall be prima facie evidence that 
12.27   the common interest community was not created in violation of the ordinance.
12.28   (e) A violation of an ordinance or charter provision adopted pursuant to the 
12.29   provisions of subsection (b) or (c) shall not affect the validity of a common interest 
12.30   community. This subsection shall not be construed to in any way limit the power of 
12.31   a city to enforce the provisions of an ordinance or charter provision adopted pursuant 
12.32   to subsection (b) or (c).
12.33   (f) Any ordinance or charter provision enacted hereunder that prohibits the 
12.34   conversion of buildings to the common interest community form of ownership shall not be 
12.35   effective for a period exceeding 18 months.

13.1        Sec. 9. Minnesota Statutes 2005 Supplement, section 515B.2-101, is amended to read:
13.2    515B.2-101 CREATION OF COMMON INTEREST COMMUNITIES.
13.3    (a) On and after June 1, 1994, a common interest community may be created only 
13.4    as follows:
13.5    (1) A condominium may be created only by recording a declaration.
13.6    (2) A cooperative may be created only by recording a declaration and by recording a 
13.7    conveyance of the real estate subject to that declaration to the association.
13.8    (3) A planned community which includes common elements may be created only 
13.9    by simultaneously recording a declaration and a conveyance of the common elements 
13.10   subject to that declaration to the association.
13.11   (4) A planned community without common elements may be created only by 
13.12   recording a declaration.
13.13   (b) Except as otherwise expressly provided in this chapter, the declaration shall 
13.14   be executed by all persons whose interests in the real estate will be conveyed to unit 
13.15   owners or to the association, except vendors under contracts for deed, and by every lessor 
13.16   of a lease the expiration or termination of which will terminate the common interest 
13.17   community. The declaration shall be recorded in every county in which any portion of 
13.18   the common interest community is located. Failure of any party not required to execute a 
13.19   declaration, but having a recorded interest in the common interest community, to join in 
13.20   the declaration shall have no effect on the validity of the common interest community; 
13.21   provided that the party is not bound by the declaration until that party acknowledges the 
13.22   existence of the common interest community in a recorded instrument.
13.23   (c) In a condominium, a planned community utilizing a CIC plat complying with 
13.24   section 515B.2-110(c), or a cooperative, where the unit boundaries are delineated by 
13.25   a structure, a declaration, or an amendment to a declaration adding units, shall not be 
13.26   recorded unless the structural components of the structures containing the units and 
13.27   the mechanical systems serving more than one unit, but not the units, are substantially 
13.28   completed, as evidenced by a recorded certificate executed by a registered engineer or 
13.29   architect.
13.30   (d) A project which (i) meets the definition of a "common interest community" in 
13.31   section 515B.1-103(10), (ii) is created after May 31, 1994, and (iii) is not exempt under 
13.32   section 515B.1-102(e), is subject to this chapter even if this or other sections of the chapter 
13.33   have not been complied with, and the declarant and all unit owners are bound by all 
13.34   requirements and obligations of this chapter.
13.35   (e) The association shall be incorporated pursuant to section 515B.3-101 and the 
13.36   CIC plat shall be recorded as and if required by section 515B.2-110.

14.1        Sec. 10. Minnesota Statutes 2005 Supplement, section 515B.2-110, is amended to read:
14.2    515B.2-110 COMMON INTEREST COMMUNITY PLAT (CIC PLAT).
14.3    (a) A CIC plat is required for condominiums and planned communities, and 
14.4    cooperatives in which the unit owners' interests are characterized as real estate. The CIC 
14.5    plat is a part of the declaration in condominiums, in planned communities utilizing a CIC 
14.6    plat complying with subsection (c), and in cooperatives in which the unit owners' interests 
14.7    are characterized as real estate, but need not be physically attached to the declaration.
14.8    (1) In a condominium, or a cooperative in which the unit owners' interests are 
14.9    characterized as real estate, the CIC plat shall comply with subsection (c).
14.10   (2) In a planned community, a CIC plat which does not comply with subsection (c) 
14.11   shall consist of all or part of a subdivision plat or plats complying with subsections (d)(1) 
14.12   and (d)(2) registered land survey complying with subsection (d), or any combination 
14.13   thereof. The CIC plat or registered land survey need not contain the number of the 
14.14   common interest community and may be recorded at any time before the recording of the 
14.15   declaration; provided, that if the CIC plat complies with subsection (c), the number of 
14.16   the common interest community shall be included and the CIC plat shall be recorded at 
14.17   the time of recording of the declaration.
14.18   (3) In a cooperative in which the unit owners' interests are characterized as personal 
14.19   property, a CIC plat shall not be required. In lieu of a CIC plat, the declaration or 
14.20   any amendment to it creating, converting, or subdividing units in a personal property 
14.21   cooperative shall include an exhibit containing a scale drawing of each building, 
14.22   identifying the building, and showing the perimeter walls of each unit created or changed 
14.23   by the declaration or any amendment to it, including the unit's unit identifier, and its 
14.24   location within the building if the building contains more than one unit.
14.25   (b) The CIC plat, or supplemental or amended CIC plat, for condominiums, for 
14.26   planned communities using a plat complying with subsection (c), and for cooperatives in 
14.27   which the unit owners' interests are characterized as real estate, shall contain certifications 
14.28   by a licensed professional land surveyor and licensed professional architect, as to the parts 
14.29   of the CIC plat prepared by each, that (i) the CIC plat accurately depicts all information 
14.30   required by this section, and (ii) the work was undertaken by, or reviewed and approved 
14.31   by, the certifying land surveyor or architect. The portions of the CIC plat depicting the 
14.32   dimensions of the portions of the common interest community described in subsections 
14.33   (c)(8), (9), (10), and (12), may be prepared by either a land surveyor or an architect. The 
14.34   other portions of the CIC plat shall be prepared only by a land surveyor. A certification of 
14.35   the CIC plat or supplemental CIC plat, or an amendment to it, under this subsection by an 
14.36   architect is not required if all parts of the CIC plat, supplemental CIC plat, or amendment 
15.1    are prepared by a land surveyor. Certification by the land surveyor or architect does not 
15.2    constitute a guaranty or warranty of the nature, suitability, or quality of construction of 
15.3    any improvements located or to be located in the common interest community.
15.4    (c) A CIC plat for a condominium, or a cooperative in which the unit owners' 
15.5    interests are characterized as real estate, shall show:
15.6    (1) the number of the common interest community, and the boundaries, dimensions 
15.7    and a legally sufficient description of the land included therein;
15.8    (2) the dimensions and location of all existing, material structural improvements 
15.9    and roadways;
15.10   (3) the intended location and dimensions of any contemplated common element 
15.11   improvements to be constructed within the common interest community after the filing of 
15.12   the CIC plat, labeled either "MUST BE BUILT" or "NEED NOT BE BUILT";
15.13   (4) the location and dimensions of any additional real estate, labeled as such, and a 
15.14   legally sufficient description of the additional real estate;
15.15   (5) the extent of any encroachments by or upon any portion of the common interest 
15.16   community;
15.17   (6) the location and dimensions of all recorded easements within the land included 
15.18   in the common interest community burdening any portion of the land;
15.19   (7) the distance and direction between noncontiguous parcels of real estate;
15.20   (8) the location and dimensions of limited common elements, except that with 
15.21   respect to limited common elements described in section 515B.2-102, subsections (d) and 
15.22   (f), only such material limited common elements as porches, balconies, decks, patios, and 
15.23   garages shall be shown;
15.24   (9) the location and dimensions of the front, rear, and side boundaries of each unit 
15.25   and that unit's unit identifier;
15.26   (10) the location and dimensions of the upper and lower boundaries of each unit 
15.27   with reference to an established or assumed datum and that unit's unit identifier;
15.28   (11) a legally sufficient description of any real estate in which the unit owners will 
15.29   own only an estate for years, labeled as "leasehold real estate";
15.30   (12) any units which may be converted by the declarant to create additional units or 
15.31   common elements identified separately.
15.32   (d) A CIC plat for a planned community either shall comply with subsection (c), 
15.33   or it shall:
15.34   (1) comply with chapter 505, 508, or 508A, as applicable; and
16.1    (2) comply with the platting applicable subdivision requirements of any 
16.2    governmental authority within whose jurisdiction the planned community is located, 
16.3    subject to the limitations set forth in section 515B.1-106.
16.4    (e) If a declarant adds additional real estate, the declarant shall record a supplemental 
16.5    CIC plat or plats for the real estate being added, conforming to the requirements of this 
16.6    section which apply to the type of common interest community in question. If less than 
16.7    all additional real estate is being added, the supplemental CIC plat for a condominium, 
16.8    a planned community whose CIC plat complies with subsection (c), or a cooperative 
16.9    in which the unit owners' interests are characterized as real estate, shall also show the 
16.10   location and dimensions of the remaining portion.
16.11   (f) If, pursuant to section 515B.2-112, a declarant subdivides or converts any unit 
16.12   into two or more units, common elements or limited common elements, or combines 
16.13   two or more units, the declarant shall record an amendment to the CIC plat showing 
16.14   the location and dimensions of any new units, common elements or limited common 
16.15   elements thus created.
16.16   (g) A CIC plat which complies with subsection (c) is not subject to chapter 505.

16.17       Sec. 11. Minnesota Statutes 2005 Supplement, section 515B.2-112, is amended to read:
16.18   515B.2-112 SUBDIVISION, COMBINATION, OR CONVERSION OF UNITS.
16.19   (a) If the declaration so provides, (i) one or more units may be subdivided into two 
16.20   or more units or combined into a lesser number of units, or (ii) a unit or units owned 
16.21   exclusively by a declarant may be subdivided, combined, or converted into one or more 
16.22   units, limited common elements, common elements, or a combination of units, limited 
16.23   common elements or common elements.
16.24   (b) If the unit or units are not owned exclusively by a declarant, the unit owners of 
16.25   the units to be combined or subdivided shall cause to be prepared and submitted to the 
16.26   association for approval an application for an amendment to the declaration and amended 
16.27   CIC plat, for the purpose of subdividing or combining the unit or units. The application 
16.28   shall contain, at a minimum, a general description of the proposed subdivision or 
16.29   combination, and shall specify in detail the matters required by subsection (c)(2) and (3). 
16.30   The basis for disapproval of the application by the association shall be limited to (i) health 
16.31   or safety considerations, (ii) liability considerations for the association and other unit 
16.32   owners, (iii) aesthetic changes to the common elements or another unit, (iv) any material 
16.33   and adverse impact on the common elements or another unit, or (v) a failure to comply 
16.34   with the declaration, this chapter, or governmental laws, ordinances, or regulations. The 
16.35   association shall give written notice of its decision and required changes to the unit owner 
17.1    or owners who made the application. The association shall establish fair and reasonable 
17.2    procedures and time frames for the submission and prompt processing of the applications. 
17.3    If an application under this subsection is approved, the unit owner shall cause an 
17.4    amendment and amended CIC plat to be prepared based upon the approved application.
17.5    (c) If an application under subsection (b) is approved, the unit owner shall cause an 
17.6    amendment and amended CIC plat to be prepared based upon the approved application. 
17.7    The amendment shall: An amendment under this section shall:
17.8    (1) be executed by the association and by each unit owner and any secured party 
17.9    with respect to each unit to be combined or subdivided, if approved under subsection (b);
17.10   (2) assign a unit identifier to each unit resulting from the subdivision, conversion, or 
17.11   combination;
17.12   (3) reallocate the common element interest, votes in the association, and common 
17.13   expense liability, as applicable, formerly allocated to the unit or units to be combined, 
17.14   converted, or subdivided among the unit or units resulting from the subdivision or 
17.15   combination, or among all units in the case of a conversion, as applicable, on the basis of 
17.16   the formula described in the declaration; and
17.17   (4) conform to the requirements of the declaration and this chapter.
17.18   (d) If the association determines that the amendment and amended CIC plat conform 
17.19   to the approved application, the declaration, and this chapter, the association shall execute 
17.20   the amendment and cause the amendment and the amended CIC plat to be recorded. The 
17.21   association may require the unit owners executing the amendment to pay all fees and costs 
17.22   for reviewing, preparing, and recording the amendment and the amended CIC plat, and 
17.23   any other fees or costs incurred by the association in connection therewith.
17.24   (e) If the unit or units are owned exclusively by a declarant, the declarant shall 
17.25   have the authority to unilaterally prepare and record, at its expense, an amendment 
17.26   and an amended CIC plat subdividing, combining, or converting the unit or units. The 
17.27   amendment shall comply with subsections (c)(1), (2), (3), and (4), and shall be limited 
17.28   to those provisions necessary to accomplish the subdivision, combination, or conversion 
17.29   unless the consent of unit owners required to amend the declaration is obtained.
17.30   (f) The amended CIC plat shall show the resulting common elements, limited 
17.31   common elements or units, as subdivided, combined, or converted.
17.32   (g) A secured party's interest and remedies shall be deemed to apply to the unit or 
17.33   units that result from the subdivision or combination of the unit or units in which the 
17.34   secured party held a security interest. If the secured party enforces any remedy, including 
17.35   foreclosure of its lien, against any of the resulting units, all instruments and notices 
18.1    relating to the foreclosure shall describe the subject property in terms of the amendment 
18.2    and the amended CIC plat which created the resulting units.

18.3        Sec. 12. Minnesota Statutes 2005 Supplement, section 515B.2-121, is amended to read:
18.4    515B.2-121 MASTER ASSOCIATIONS.
18.5    (a) A master association formed after June 1, 1994, shall be organized as a Minnesota 
18.6    profit, nonprofit or cooperative corporation. A master association shall be incorporated 
18.7    prior to the delegation to it of any powers under this chapter.
18.8    (b) The members of the master association shall be any combination of (i) unit 
18.9    owners of one or more common interest communities, (ii) one or more associations, 
18.10   (iii) one or more master associations, or (iv) owners of real estate or property owner's 
18.11   associations not subject to this chapter in combination with any other category of member. 
18.12   An association or its members may be members of an entity created before June 1, 1994, 
18.13   which performs functions similar to those performed by a master association regardless of 
18.14   whether the entity is subject to this chapter.
18.15   (c) A master association shall be governed by a board of directors. Except as 
18.16   expressly prohibited by the master declaration, the master association's articles of 
18.17   incorporation or bylaws, or other provisions of this chapter, the master association board 
18.18   may act in all instances on behalf of the master association. The directors of a master 
18.19   association shall be elected or, if a nonprofit corporation, elected or appointed, in a manner 
18.20   consistent with the requirements of the statute under which the master association is 
18.21   formed and of the master association's articles of incorporation and bylaws, and subject to 
18.22   the following requirements:
18.23   (1) Except as set forth in subsections (2) and (3), the members of the master 
18.24   association shall elect the board of directors. A majority of the directors shall be members 
18.25   of the master association or members of a member of the master association, and shall be 
18.26   persons other than a declarant or affiliate of a declarant. If the member is not a natural 
18.27   person, it may designate a natural person to act on its behalf.
18.28   (2) The articles of incorporation or bylaws of the master association may authorize 
18.29   any person, whether or not the person is a member of, or otherwise subject to, the master 
18.30   association, including a declarant, to appoint or elect one director.
18.31   (3) A master association's articles of incorporation may suspend the members' right 
18.32   to elect or, in the case of a nonprofit corporation, elect or appoint, the master association's 
18.33   board of directors for a specified time period. During this period, the person or persons 
18.34   who execute the master declaration under subsection (f)(1), or their successors or assigns, 
18.35   may appoint the directors. The period during which the person or persons may appoint 
19.1    the directors begins when the master declaration is recorded and terminates upon the 
19.2    earliest of:
19.3    (i) the voluntary surrender of the right to appoint directors;
19.4    (ii) the date ten years after the date the master declaration is recorded;
19.5    (iii) the date, if any, in the articles of incorporation; or
19.6    (iv) the date when at least 75 percent of the units and other parcels of real estate 
19.7    which are referred to in subsection (f)(1)(vii) have been conveyed to such persons for 
19.8    occupancy by the persons or their tenants.
19.9    (4) The term of any director appointed under subsection (3) expires 60 days after 
19.10   the right to appoint directors terminates. The master association's board of directors shall 
19.11   call an annual or special meeting of the master association's members to elect or appoint 
19.12   successor directors within the 60-day period.
19.13   (5) The system for the election of directors shall be fair and equitable and shall 
19.14   take into account the number of members of each association any of whose powers are 
19.15   delegated to the master association, the needs of the members of the master association, 
19.16   the allocation of liability for master association common expenses, and the types of 
19.17   common interest communities and other real estate subject to the master association.
19.18   (d) The articles of incorporation or bylaws of the master association may authorize 
19.19   special classes of directors and allocations of director voting rights, as follows: (i) classes 
19.20   of directors that are elected by different classes of members, to address operational, 
19.21   physical, or administrative differences within the master association, or (ii) class voting 
19.22   by the classes of directors on specific issues affecting only a certain class or classes of 
19.23   members, units or other parcels of real estate, or to otherwise protect the legitimate 
19.24   interests of such class or classes. No person may utilize such special classes or allocations 
19.25   for the purpose of evading any limitation imposed on declarants by this chapter.
19.26   (e) The officers of a master association shall be elected, appointed, or designated in 
19.27   a manner consistent with the statute under which the master association is formed and 
19.28   consistent with the master association articles of incorporation and bylaws.
19.29   (f) The creation and authority of a master association shall be governed by the 
19.30   following requirements:
19.31   (1) A master declaration shall be recorded in connection with the creation of a master 
19.32   association. The master declaration shall be executed by the owners of the real estate 
19.33   subjected to the master declaration. The master declaration shall contain, at a minimum:
19.34   (i) the name of the master association;
20.1    (ii) a legally sufficient description of the real estate which is subject to the master 
20.2    declaration and a legally sufficient description of any other real estate which may be 
20.3    subjected to the master declaration pursuant to subsection (g);
20.4    (iii) a statement as to whether the real estate subject to, and which may be subjected 
20.5    to, the master declaration collectively is or collectively will be a separate common interest 
20.6    community;
20.7    (iv) a description of the members of the master association;
20.8    (v) a description of the master association's powers. To the extent described in 
20.9    the master declaration, a master association has the powers with respect to the master 
20.10   association's members and the property subject to the master declaration that section 
20.11   515B.3-102 grants to an association with respect to the association's members and the 
20.12   property subject to the declaration. A master association also has the powers delegated to 
20.13   it by an association pursuant to subsection (f)(2) or by a property owner's association not 
20.14   subject to the chapter; provided (i) that the master declaration identifies the powers and 
20.15   authorizes the delegation either expressly or by a grant of authority to the board of the 
20.16   association or property owner's association and (ii) that the master association board has 
20.17   not refused the delegation pursuant to subsection (f)(4). The provisions of the declarations 
20.18   of the common interest communities, or the provisions of recorded instruments governing 
20.19   other property subject to the master declaration, that delegate powers to the master 
20.20   association shall be consistent with the provisions of the master declaration that govern 
20.21   the delegation of the powers;
20.22   (vi) a description of the formulas governing the allocation of assessments and 
20.23   member voting rights, including any special classes or allocations referred to in subsection 
20.24   (d);
20.25   (vii) a statement of the total number of units and other parcels of real estate intended 
20.26   for residential use by a person or the person's tenants private ownership and use that are 
20.27   (i) subject to the master declaration as initially recorded and (ii) intended to be created by 
20.28   the addition of real estate or by the subdivision of units or other parcels of real estate; and
20.29   (viii) the requirements for amendment of the master declaration, other than an 
20.30   amendment under subsection (g).
20.31   (2) The declaration of a common interest community located on property subject to 
20.32   a master declaration may:
20.33   (i) delegate any of the powers described in section 515B.3-102 to the 
20.34   master association; provided, that a delegation of the powers described in section 
20.35   515B.3-102(a)(2) is effective only if expressly stated in the declaration; and
21.1    (ii) authorize the board to delegate any of the powers described in section 
21.2    515B.3-102, except for the powers described in section 515B.3-102(a)(2), to the master 
21.3    association.
21.4    (3) With respect to any other property subject to a master association, there need 
21.5    not be an instrument other than the master declaration recorded against the property to 
21.6    empower the master association to exercise powers with respect to the property.
21.7    (4) If a declaration or other recorded instrument authorizes the board or the board 
21.8    of a property owner's association to delegate powers to a master association, the master 
21.9    association board may refuse any delegation of powers that does not comply with (i) 
21.10   this chapter, (ii) the declaration or other recorded instrument, or (iii) the organizational 
21.11   documents of the master association.
21.12   (5) The failure of a declaration, a board or an owner of property subject to a master 
21.13   association to properly delegate some or all of the powers to the master association does 
21.14   not affect the authority of the master association to exercise those and other powers with 
21.15   respect to other common interest communities or owners of properties that are subject 
21.16   to the master association.
21.17   (g) The master declaration may authorize other real estate to be subjected to the 
21.18   master declaration. The other real estate shall be subjected to the master declaration by an 
21.19   amendment executed by the owner of the other real estate and any other person or persons 
21.20   required by the master declaration, and recorded.
21.21   (h) Sections 515B.3-103(a), (b), and (g), 515B.3-108, 515B.3-109, 515B.3-110, and 
21.22   515B.3-112 shall apply in the conduct of the affairs of a master association. But the rights 
21.23   of voting, notice, and other rights enumerated in those sections apply to persons who elect 
21.24   or appoint the board of a master association, whether or not those persons are otherwise 
21.25   unit owners within the meaning of this chapter.
21.26   (i) If so provided in the master declaration, a master association may levy 
21.27   assessments for common expenses of the master association against the property subject 
21.28   to the master declaration, and have and foreclose liens securing the assessments. The 
21.29   liens shall have the same priority against secured parties, shall include the same fees and 
21.30   charges, and may be foreclosed in the same manner, as assessment liens under section 
21.31   515B.3-116. The master association's lien shall have priority as against the lien of an 
21.32   association or property owner's association subject to the master association, regardless 
21.33   of when the lien arose or was perfected.
21.34   (1) Master association common expenses shall be allocated among the members of 
21.35   the master association in a fair and equitable manner. If the members include associations 
21.36   or property owner's associations, then the master assessments may be allocated among 
22.1    and levied against the associations or property owner's associations, or allocated among 
22.2    and levied against the units or other parcels of real estate owned by the members of the 
22.3    association or property owner's association. If so provided in the master declaration, 
22.4    master assessments levied against a member association or property owner's association 
22.5    are allocated among and levied against the units or other parcels of real estate owned 
22.6    by the members of the association or property owner's association. If applicable and 
22.7    appropriate, the formulas and principles described in section 515B.2-108, subsections (b), 
22.8    (c), (d), and (e), shall be used in making the allocations. The assessment formulas and 
22.9    procedures described in the declarations of any common interest communities or any 
22.10   instruments governing other real estate subject to the master association shall not conflict 
22.11   with the formulas and procedures described in the master declaration.
22.12   (2) The master declaration may exempt from liability for all or a portion of master 
22.13   association assessments any person authorized by subsection (c)(3) to appoint the 
22.14   members of the master association board, or any other person, and exempt any unit or 
22.15   other parcel of real estate owned by the person from a lien for such assessments, until a 
22.16   building constituting or located within the unit or other parcel of real estate is substantially 
22.17   completed. Substantial completion shall be evidenced by a certificate of occupancy in 
22.18   a jurisdiction that issues that certificate.
22.19   (j) A master association shall not be used, directly or indirectly, to avoid or nullify 
22.20   any warranties or other obligations for which a declarant of a common interest community 
22.21   subject to the master association is responsible, or to otherwise avoid the requirements 
22.22   of this chapter.

22.23       Sec. 13. Minnesota Statutes 2005 Supplement, section 515B.3-115, is amended to read:
22.24   515B.3-115 ASSESSMENTS FOR COMMON EXPENSES.
22.25   (a) The obligation of a unit owner to pay common expense assessments shall be 
22.26   as follows:
22.27   (1) If a common expense assessment has not been levied, the declarant shall pay all 
22.28   operating expenses of the common interest community, and shall fund the replacement 
22.29   reserve component of the common expenses as required by subsection (b).
22.30   (2) If a common expense assessment has been levied, all unit owners including the 
22.31   declarant shall pay the assessments allocated to their units, subject to the following:
22.32   (i) If the declaration so provides, a declarant's liability, and the assessment lien, for 
22.33   the common expense assessments, exclusive of replacement reserves, on any unit owned 
22.34   by the declarant may be limited to 25 percent or more of any assessment, exclusive of 
22.35   replacement reserves, until the unit or any building located in the unit is substantially 
23.1    completed. Substantial completion shall be evidenced by a certificate of occupancy in 
23.2    any jurisdiction that issues the certificate.
23.3    (ii) If the declaration provides for a reduced assessment pursuant to paragraph (2)(i), 
23.4    the declarant shall be obligated, within 60 days following the termination of the period 
23.5    of the declarant control, to make up any operating deficit incurred by the association 
23.6    during the period of declarant control. The existence and amount, if any, of the operating 
23.7    deficit shall be determined using the accrual basis of accounting applied as of the date of 
23.8    termination of the period of declarant control, regardless of the accounting methodology 
23.9    previously used by the association to maintain its accounts.
23.10   (b) The replacement reserve component of the common expenses shall be funded 
23.11   for each unit in accordance with the projected annual budget required by section 
23.12   515B.4-102(23); provided, that the funding of replacement reserves with respect to a unit 
23.13   shall commence no later than the date that the unit or any building located within the unit 
23.14   boundaries is substantially completed. Substantial completion shall be evidenced by a 
23.15   certificate of occupancy in any jurisdiction that issues the certificate.
23.16   (c) After an assessment has been levied by the association, assessments shall be 
23.17   levied at least annually, based upon a budget approved at least annually by the association.
23.18   (d) Except as modified by subsections (a)(1) and (2), (e), (f), and (g), all common 
23.19   expenses shall be assessed against all the units in accordance with the allocations 
23.20   established by the declaration pursuant to section 515B.2-108.
23.21   (e) Unless otherwise required by the declaration:
23.22   (1) any common expense associated with the maintenance, repair, or replacement 
23.23   of a limited common element shall be assessed against the units to which that limited 
23.24   common element is assigned, equally, or in any other proportion the declaration provides;
23.25   (2) any common expense or portion thereof benefiting fewer than all of the units 
23.26   may be assessed exclusively against the units benefited, equally, or in any other proportion 
23.27   the declaration provides;
23.28   (3) the costs of insurance may be assessed in proportion to risk or coverage, and the 
23.29   costs of utilities may be assessed in proportion to usage;
23.30   (4) reasonable attorneys fees and costs incurred by the association in connection 
23.31   with (i) the collection of assessments and, (ii) the enforcement of this chapter, the articles, 
23.32   bylaws, declaration, or rules and regulations, against a unit owner, may be assessed 
23.33   against the unit owner's unit; and
23.34   (5) fees, charges, late charges, fines and interest may be assessed as provided 
23.35   in section 515B.3-116(a).
24.1    (f) Assessments levied under section 515B.3-116 to pay a judgment against the 
24.2    association may be levied only against the units in the common interest community at the 
24.3    time the judgment was entered, in proportion to their common expense liabilities.
24.4    (g) If any damage to the common elements or another unit is caused by the act or 
24.5    omission of any unit owner, or occupant of a unit, or their invitees, the association may 
24.6    assess the costs of repairing the damage exclusively against the unit owner's unit to the 
24.7    extent not covered by insurance.
24.8    (h) Subject to any shorter period specified by the declaration or bylaws, if any 
24.9    installment of an assessment becomes more than 60 days past due, then the association 
24.10   may, upon ten days' written notice to the unit owner, declare the entire amount of the 
24.11   assessment immediately due and payable in full.
24.12   (i) If common expense liabilities are reallocated for any purpose authorized by this 
24.13   chapter, common expense assessments and any installment thereof not yet due shall be 
24.14   recalculated in accordance with the reallocated common expense liabilities.
24.15   (j) An assessment against fewer than all of the units must be levied within three years 
24.16   after the event or circumstances forming the basis for the assessment, or shall be barred.

24.17       Sec. 14. Minnesota Statutes 2005 Supplement, section 515B.3-117, is amended to read:
24.18   515B.3-117 OTHER LIENS.
24.19   (a) Except in a cooperative and except as otherwise provided in this chapter or in 
24.20   a security instrument, an individual unit owner may have the unit owner's unit released 
24.21   from a lien if the unit owner pays the lienholder the portion of the amount which the 
24.22   lien secures that is attributable to the unit. Upon the receipt of payment, the lienholder 
24.23   shall promptly deliver to the unit owner a recordable partial satisfaction and release of 
24.24   lien releasing the unit from the lien. The release shall be deemed to include a release of 
24.25   any rights in the common elements appurtenant to the unit. The portion of the amount 
24.26   which a lien secures that is attributable to the unit shall be equal to the total amount which 
24.27   the lien secures multiplied by a percentage calculated by dividing the common expense 
24.28   liability attributable to the unit by the common expense liability attributable to all units 
24.29   against which the lien has been recorded, or in the case of a lien under subsection (b), the 
24.30   units against which the lien is permitted or required to be recorded. At the request of a 
24.31   lien claimant or unit owners, the association shall provide a written statement of the 
24.32   percentage of common expense liability attributable to all units. After a unit owner's 
24.33   payment pursuant to this section, the association may not assess the unit for any common 
24.34   expense incurred thereafter in connection with the satisfaction or defense against the lien.
25.1    (b) Labor performed or materials furnished for the improvement of a unit shall be 
25.2    the basis for the recording of a lien against that unit pursuant to the provisions of chapter 
25.3    514 but shall not be the basis for the recording of a lien against the common elements. 
25.4    Labor performed or materials furnished for the improvement of common elements, for 
25.5    which a lien may be recorded under chapter 514, if duly authorized by the association, 
25.6    shall be deemed to be performed or furnished with the express consent of each unit owner, 
25.7    and shall be perfected by recording a lien against all the units in the common interest 
25.8    community, but shall not be the basis for the recording of a lien against the common 
25.9    elements except in the case of a condominium on registered land, in which case a lien 
25.10   must be filed pursuant to section 508.351, subdivision 3 5, or 508A.351, subdivision 3 5. 
25.11   Where a lien is recorded against the units for labor performed or material furnished for the 
25.12   improvement of common elements, the association shall be deemed to be the authorized 
25.13   agent of the unit owners for purposes of receiving the notices required under sections 
25.14   514.011 and 514.08, subdivision 1, clause (2).
25.15   (c) A security interest in a cooperative whose unit owners' interests in the units 
25.16   are personal property shall be perfected by recording a financing statement in the UCC 
25.17   filing section of the central filing system operated by the Office of the Secretary of 
25.18   State. In any disposition by a secured party pursuant to section 336.9-610 or retention 
25.19   pursuant to sections 336.9-620 to 336.9-622, the rights of the parties shall be the same 
25.20   as those provided by law, subject to the exceptions and requirements set forth in section 
25.21   515B.3-116(h)(3), and except that the unit owner has the right to reinstate the debt owing 
25.22   to the secured party by paying to the secured party, prior to the effective date of the 
25.23   disposition or retention, the amount which would be required to reinstate the debt under 
25.24   section 580.30 if the unit were wholly real estate.

25.25       Sec. 15. Minnesota Statutes 2005 Supplement, section 515B.4-101, is amended to read:
25.26   515B.4-101 APPLICABILITY; DELIVERY OF DISCLOSURE STATEMENT.
25.27   (a) Sections 515B.4-101 through 515B.4-118 apply to all units subject to this chapter, 
25.28   except as provided in subsection (c) or as modified or waived by written agreement of 
25.29   purchasers of a unit which is restricted to nonresidential use.
25.30   (b) Subject to subsections (a) and (c), a declarant who offers a unit to a purchaser 
25.31   shall deliver to the purchaser a current disclosure statement which complies with the 
25.32   requirements of section 515B.4-102. The disclosure statement shall include any material 
25.33   amendments to the disclosure statement made prior to the conveyance of the unit to 
25.34   the purchaser. The declarant shall be liable to the purchaser to whom it delivered the 
26.1    disclosure statement for any false or misleading statement set forth therein or for any 
26.2    omission of a material fact therefrom.
26.3    (c) Neither a disclosure statement nor a resale disclosure certificate need be prepared 
26.4    or delivered in the case of:
26.5    (1) a gratuitous transfer;
26.6    (2) a transfer pursuant to a court order;
26.7    (3) a transfer to a government or governmental agency;
26.8    (4) a transfer to a secured party by foreclosure or deed in lieu of foreclosure;
26.9    (5) an option to purchase a unit, until exercised;
26.10   (6) a transfer to a person who "controls" or is "controlled by," the grantor as those 
26.11   terms are defined with respect to a declarant under section 515B.1-103(2);
26.12   (7) a transfer by inheritance;
26.13   (8) a transfer of special declarant rights under section 515B.3-104; or
26.14   (9) a transfer in connection with a change of form of common interest community 
26.15   under section 515B.2-123.
26.16   (d) A purchase agreement for a unit shall contain the following notice: "The 
26.17   following notice is required by Minnesota Statutes. The purchaser is entitled to receive 
26.18   a disclosure statement or resale disclosure certificate, as applicable. The disclosure 
26.19   statement or resale disclosure certificate contains important information regarding the 
26.20   common interest community and the purchaser's cancellation rights."
26.21   (e) A purchase agreement for the sale, to the initial occupant, of a platted lot or other 
26.22   parcel of real estate (i) which is subject to a master declaration, (ii) which is intended 
26.23   for residential occupancy, and (iii) which does not and is not intended to constitute a 
26.24   unit, shall contain the following notice: "The following notice is required by Minnesota 
26.25   Statutes: The real estate to be conveyed under this agreement is or will be subject to a 
26.26   master association as defined in Minnesota Statutes, chapter 515B. The master association 
26.27   is obligated to shall provide to the purchaser buyer, pursuant to Minnesota Statutes, 
26.28   section 515B.4-102(c), upon the purchaser's buyer's request, a statement containing the 
26.29   information required by Minnesota Statutes, section 515B.4-102(a)(20), with respect to the 
26.30   master association, prior to the time that the purchaser buyer signs a purchase agreement 
26.31   for the real estate. The statement contains important information regarding the master 
26.32   association and the purchaser's buyer's obligations thereunder." A claim by a purchaser 
26.33   buyer based upon a failure to include the foregoing notice in a purchase agreement:
26.34   (1) shall be limited to legal, and not equitable, remedies;
26.35   (2) shall be barred unless it is commenced within the time period specified in section 
26.36   515B.4-115(a); or
27.1    (3) may be waived by a separate written document signed by the seller and purchaser 
27.2    buyer.

27.3        Sec. 16. Minnesota Statutes 2005 Supplement, section 515B.4-102, is amended to read:
27.4    515B.4-102 DISCLOSURE STATEMENT; GENERAL PROVISIONS.
27.5    (a) A disclosure statement shall fully and accurately disclose:
27.6    (1) the name and, if available, the number of the common interest community;
27.7    (2) the name and principal address of the declarant;
27.8    (3) the number of units which the declarant has the right to include in the common 
27.9    interest community and a statement that the common interest community is either a 
27.10   condominium, cooperative, or planned community;
27.11   (4) a general description of the common interest community, including, at a 
27.12   minimum, (i) the number of buildings, (ii) the number of dwellings per building, (iii) 
27.13   the type of construction, (iv) whether the common interest community involves new 
27.14   construction or rehabilitation, (v) whether any building was wholly or partially occupied, 
27.15   for any purpose, before it was added to the common interest community and the nature 
27.16   of the occupancy, and (vi) a general description of any roads, trails, or utilities that are 
27.17   located on the common elements and that the association or a master association will 
27.18   be required to maintain;
27.19   (5) declarant's schedule of commencement and completion of construction of any 
27.20   buildings and other improvements that the declarant is obligated to build pursuant to 
27.21   section 515B.4-117;
27.22   (6) any expenses or services, not reflected in the budget, that the declarant pays 
27.23   or provides, which may become a common expense; the projected common expense 
27.24   attributable to each of those expenses or services; and an explanation of declarant's limited 
27.25   assessment liability under section 515B.3-115, subsection (b);
27.26   (7) any initial or special fee due from the purchaser to the declarant or the association 
27.27   at closing, together with a description of the purpose and method of calculating the fee;
27.28   (8) identification of any liens, defects, or encumbrances which will continue to affect 
27.29   the title to a unit or to any real property owned by the association after the contemplated 
27.30   conveyance;
27.31   (9) a description of any financing offered or arranged by the declarant;
27.32   (10) a statement as to whether application has been made for any project approvals 
27.33   for the common interest community from the Federal National Mortgage Association 
27.34   (FNMA), Federal Home Loan Mortgage Corporation (FHLMC), Department of Housing 
28.1    and Urban Development (HUD) or Department of Veterans Affairs (VA), and which, if 
28.2    any, such final approvals have been received;
28.3    (11) the terms of any warranties provided by the declarant, including copies of 
28.4    sections 515B.4-112 through 515B.4-115, and any other applicable statutory warranties, 
28.5    and a statement of any limitations on the enforcement of the applicable warranties or on 
28.6    damages;
28.7    (12) a statement that: (i) within five ten days after the receipt of a disclosure 
28.8    statement, a purchaser may cancel any contract for the purchase of a unit from a declarant; 
28.9    provided, that the right to cancel terminates upon the purchaser's voluntary acceptance 
28.10   of a conveyance of the unit from the declarant or by the purchaser agreeing to modify or 
28.11   waive the right to cancel in the manner provided by section 515B.4-106, paragraph (a); (ii) 
28.12   if a purchaser receives a disclosure statement more than five ten days before signing a 
28.13   purchase agreement, the purchaser cannot cancel the purchase agreement; and (iii) if a 
28.14   declarant obligated to deliver a disclosure statement fails to deliver a disclosure statement 
28.15   which substantially complies with this chapter to a purchaser to whom a unit is conveyed, 
28.16   the declarant shall be liable to the purchaser as provided in section 515B.4-106(d);
28.17   (13) a statement disclosing to the extent of the declarant's or an affiliate of a 
28.18   declarant's actual knowledge, after reasonable inquiry, any unsatisfied judgments or 
28.19   lawsuits to which the association is a party, and the status of those lawsuits which are 
28.20   material to the common interest community or the unit being purchased;
28.21   (14) a statement (i) describing the conditions under which earnest money will be 
28.22   held in and disbursed from the escrow account, as set forth in section 515B.4-109, (ii) 
28.23   that the earnest money will be returned to the purchaser if the purchaser cancels the 
28.24   contract pursuant to section 515B.4-106, and (iii) setting forth the name and address 
28.25   of the escrow agent;
28.26   (15) a detailed description of the insurance coverage provided by the association for 
28.27   the benefit of unit owners, including a statement as to which, if any, of the items referred 
28.28   to in section 515B.3-113, subsection (b), are insured by the association;
28.29   (16) any current or expected fees or charges, other than assessments for common 
28.30   expenses, to be paid by unit owners for the use of the common elements or any other 
28.31   improvements or facilities;
28.32   (17) the financial arrangements, including any contingencies, which have been made 
28.33   to provide for completion of all improvements that the declarant is obligated to build 
28.34   pursuant to section 515B.4-118, or a statement that no such arrangements have been made;
28.35   (18) in a cooperative: (i) whether the unit owners will be entitled for federal and 
28.36   state tax purposes, to deduct payments made by the association for real estate taxes 
29.1    and interest paid to the holder of a security interest encumbering the cooperative; (ii) a 
29.2    statement as to the effect on the unit owners if the association fails to pay real estate taxes 
29.3    or payments due the holder of a security interest encumbering the cooperative; and (iii) the 
29.4    principal amount and a general description of the terms of any blanket mortgage, contract 
29.5    for deed, or other blanket security instrument encumbering the cooperative property;
29.6    (19) a statement: (i) that real estate taxes for the unit or any real property owned by 
29.7    the association are not delinquent or, if there are delinquent real estate taxes, describing 
29.8    the property for which the taxes are delinquent, stating the amount of the delinquent 
29.9    taxes, interest and penalties, and stating the years for which taxes are delinquent, and 
29.10   (ii) setting forth the amount of real estate taxes, including the amount of any special 
29.11   assessment certified for payment with the real estate taxes, due and payable with respect to 
29.12   the unit in the year in which the disclosure statement is given, if real estate taxes have 
29.13   been separately assessed against the unit;
29.14   (20) if the association or the purchaser of the unit will be a member of a master 
29.15   association, a statement to that effect, and all of the following information with 
29.16   respect to the master association: (i) a copy of the master declaration, the articles of 
29.17   incorporation, bylaws, and rules and regulations for the master association, together 
29.18   with any amendments thereto; (ii) the name, address and general description of the 
29.19   master association, including a general description of any other association, unit 
29.20   owners, or other persons which are or may become members; (iii) a description of any 
29.21   nonresidential use permitted on any property subject to the master association; (iv) a 
29.22   statement as to the estimated maximum number of associations, unit owners or other 
29.23   persons which may become members of the master association, and the degree and period 
29.24   of control of the master association by a declarant or other person; (v) a description of 
29.25   any facilities intended for the benefit of the members of the master association and 
29.26   not located on property owned or controlled by a member or the master association; 
29.27   (vi) the financial arrangements, including any contingencies, which have been made to 
29.28   provide for completion of the facilities referred to in subsection (v), or a statement that no 
29.29   arrangements have been made; (vii) any current balance sheet of the master association 
29.30   and a projected or current annual budget, as applicable, which budget shall include with 
29.31   respect to the master association those items in paragraph (23), clauses (i) through (iii), 
29.32   and the projected monthly common expense assessment for each type of unit, lot, or other 
29.33   parcel of real estate which is or is planned to be subject to assessment; (viii) a description 
29.34   of any expenses or services not reflected in the budget, paid for or provided by a declarant 
29.35   or a person executing the master declaration, which may become an expense of the master 
29.36   association in the future; (ix) a description of any powers delegated to and accepted by 
30.1    the master association pursuant to section 515B.2-121(f)(2); (x) identification of any 
30.2    liens, defects or encumbrances that will continue to affect title to property owned or 
30.3    operated by the master association for the benefit of its members; (xi) the terms of any 
30.4    warranties provided by any person for construction of facilities in which the members of 
30.5    the master association have or may have an interest, and any known defects in the facilities 
30.6    which would violate the standards described in section 515B.4-112(b); (xii) a statement 
30.7    disclosing, after inquiry of the master association, any unsatisfied judgments or lawsuits to 
30.8    which the master association is a party, and the status of those lawsuits which are material 
30.9    to the master association; (xiii) a description of any insurance coverage provided for the 
30.10   benefit of its members by the master association; and (xiv) any current or expected fees or 
30.11   charges, other than assessments by the master association, to be paid by members of the 
30.12   master association for the use of any facilities intended for the benefit of the members;
30.13   (21) a statement as to whether the unit will be substantially completed at the time 
30.14   of conveyance to a purchaser, and if not substantially completed, who is responsible to 
30.15   complete and pay for the construction of the unit;
30.16   (22) a copy of the declaration and any amendments thereto, (exclusive of the CIC 
30.17   plat), any other recorded covenants, conditions restrictions, and reservations affecting 
30.18   the common interest community; the articles of incorporation, bylaws and any rules 
30.19   or regulations of the association; any agreement excluding or modifying any implied 
30.20   warranties; any agreement reducing the statute of limitations for the enforcement of 
30.21   warranties; any contracts or leases to be signed by purchaser at closing; and a brief 
30.22   narrative description of any (i) contracts or leases that are or may be subject to cancellation 
30.23   by the association under section 515B.3-105 and (ii) any material agreements entered 
30.24   into between the declarant and a governmental entity that affect the common interest 
30.25   community; and
30.26   (23) a balance sheet for the association, current within 90 days; a projected annual 
30.27   budget for the association; and a statement identifying the party responsible for the 
30.28   preparation of the budget. The budget shall assume that all units intended to be included 
30.29   in the common interest community, based upon the declarant's good faith estimate, have 
30.30   been subjected to the declaration; provided, that additional budget portrayals based upon 
30.31   a lesser number of units are permitted. The budget shall include, without limitation: (i) 
30.32   a statement of the amount included in the budget as a reserve for replacement; (ii) a 
30.33   statement of any other reserves; (iii) the projected common expense for each category of 
30.34   expenditures for the association; (iv) the projected monthly common expense assessment 
30.35   for each type of unit; and (v) a footnote or other reference to those components of the 
30.36   common interest community the maintenance, repair, or replacement of which the budget 
31.1    assumes will be funded by assessments under section 515B.3-115(e) rather than by 
31.2    assessments included in the association's annual budget, and a statement referencing 
31.3    section 515B.3-115(e)(1) or (2) as the source of funding. If, based upon the association's 
31.4    then current budget, the monthly common expense assessment for the unit at the time of 
31.5    conveyance to the purchaser is anticipated to exceed the monthly assessment stated in the 
31.6    budget, a statement to such effect shall be included.
31.7    (b) A declarant shall promptly amend the disclosure statement to reflect any material 
31.8    change in the information required by this chapter.
31.9    (c) The master association, within ten days after a request by a declarant, a holder 
31.10   of declarant rights, or a purchaser buyer referred to in section 515B.4-101(e), or the 
31.11   authorized representative of any of them, shall furnish the information required to be 
31.12   provided by subsection (a)(20). A declarant or other person who provides information 
31.13   pursuant to subsection (a)(20) is not liable to the purchaser buyer for any erroneous 
31.14   information if the declarant or other person: (i) is not an affiliate of or related in any 
31.15   way to a person authorized to appoint the master association board pursuant to section 
31.16   515B.2-121(c)(3), and (ii) has no actual knowledge that the information is incorrect.

31.17       Sec. 17. Minnesota Statutes 2004, section 518.191, subdivision 2, is amended to read:
31.18       Subd. 2. Required information. A summary real estate disposition judgment 
31.19   must contain the following information: 
31.20   (1) the full caption and file number of the case and the title "Summary Real Estate 
31.21   Disposition Judgment"; 
31.22   (2) the dates of the parties' marriage and of the entry of the judgment and decree 
31.23   of dissolution; 
31.24   (3) the names of the parties' attorneys or if either or both appeared pro se; 
31.25   (4) the name of the judge and referee, if any, who signed the order for judgment 
31.26   and decree; 
31.27   (5) whether the judgment and decree resulted from a stipulation, a default, or a trial 
31.28   and the appearances at the default or trial; 
31.29   (6) if the judgment and decree resulted from a stipulation, whether the real property 
31.30   was described by a legal description; 
31.31   (7) if the judgment and decree resulted from a default, whether the petition contained 
31.32   the legal description of the property and whether disposition was made in accordance 
31.33   with the request for relief; 
31.34   (8) whether the summons and petition were served personally upon the respondent 
31.35   pursuant to the Rules of Civil Procedure, Rule 4.03(a), or section 543.19; 
32.1    (9) if the summons and petition were served on the respondent only by publication, 
32.2    the name of each legal newspaper and county in which the summons and petition were 
32.3    published and the dates of publications;
32.4    (10) whether either party changed the party's name through the judgment and decree; 
32.5    (7) (11) the legal description of each parcel of real estate; 
32.6    (8) (12) the name or names of the persons awarded an interest in each parcel of real 
32.7    estate and a description of the interest awarded; 
32.8    (9) (13) liens, mortgages, encumbrances, or other interests in the real estate 
32.9    described in the judgment and decree; and 
32.10   (10) (14) triggering or contingent events set forth in the judgment and decree 
32.11   affecting the disposition of each parcel of real estate.

32.12       Sec. 18. Minnesota Statutes 2004, section 518.191, is amended by adding a subdivision 
32.13   to read:
32.14       Subd. 2a. Amended summary real estate disposition judgment. (a) On the 
32.15   court's own motion or on application by an interested person, the court shall issue an order 
32.16   authorizing the court administrator to issue an amended summary real estate disposition 
32.17   judgment to correct an erroneous legal description of real estate contained in the judgment 
32.18   and decree of dissolution.
32.19   (b) An application to correct a legal description under this subdivision must contain:
32.20   (1) the erroneous legal description contained in the judgment and decree;
32.21   (2) the correct legal description of the real estate;
32.22   (3) written evidence satisfactory to the court to show the correct legal description, or 
32.23   a request for an evidentiary hearing to produce evidence of the correct legal description; 
32.24   and
32.25   (4) a proposed amended summary real estate disposition judgment.
32.26   (c) The court shall consider an application under this subdivision on an expedited 
32.27   basis. The court's order must be based on the evidence provided in the application, the 
32.28   evidence produced at an evidentiary hearing, or the evidence already in the record of the 
32.29   proceeding. If the court is satisfied that an erroneous legal description should be corrected 
32.30   under this subdivision, the court may issue its order without a hearing or notice to any 
32.31   person. A filing fee is not required for an application under this subdivision. The court's 
32.32   order must be treated as an amendment of the court's findings of fact regarding the legal 
32.33   description of the property in question, without the need to amend the original judgment 
32.34   and decree. The court shall issue the order if the court specifically finds that the court 
32.35   had jurisdiction over the respondent in the dissolution proceeding and that the property 
33.1    was sufficiently identified in the original proceedings to prevent prejudice to the rights 
33.2    of either party to the dissolution and that the amendment will not prejudice their rights. 
33.3    The court's order is effective retroactive to the date of entry of the original judgment 
33.4    and decree of dissolution.
33.5    (d) An amended summary real estate disposition judgment must be treated the same 
33.6    as the prior summary real estate disposition judgment for all purposes.
33.7    (e) On request by any interested person, the court administrator shall provide a 
33.8    certified copy of an amended summary real estate disposition judgment showing the 
33.9    correct legal description of the real property affected by the judgment and decree.
33.10   (f) This subdivision may not be used to add omitted property to a judgment and 
33.11   decree of dissolution, unless the court determines that the omitted property is an integral 
33.12   or appurtenant part of real property already properly included in the judgment and decree.

33.13       Sec. 19. Minnesota Statutes 2004, section 518.191, subdivision 4, is amended to read:
33.14       Subd. 4. Transfer of property. The summary real estate disposition judgment 
33.15   operates as a conveyance and transfer of each interest in the real estate in the manner and 
33.16   to the extent described in the summary real estate disposition judgment. A summary real 
33.17   estate disposition judgment, or an amended summary real estate disposition judgment that 
33.18   supersedes an earlier judgment, is prima facie evidence of the facts stated in the summary 
33.19   real estate disposition judgment. A purchaser for value without notice of any defect in 
33.20   the dissolution proceedings may rely on a summary real estate disposition judgment or a 
33.21   later amended summary real estate disposition judgment to establish the facts stated in 
33.22   the judgment.

33.23       Sec. 20. Minnesota Statutes 2004, section 524.3-301, is amended to read:
33.24   524.3-301 INFORMAL PROBATE OR APPOINTMENT PROCEEDINGS; 
33.25   APPLICATION; CONTENTS.
33.26   An informal probate proceeding is an informal proceeding for the probate of 
33.27   decedent's will with or without an application for informal appointment. An informal 
33.28   appointment proceeding is an informal proceeding for appointment of a personal 
33.29   representative in testate or intestate estates. These proceedings may be combined in a 
33.30   single proceeding. Applications for informal probate or informal appointment shall 
33.31   be directed to the registrar, and verified by the applicant, in accordance with section  
33.32   524.1-310, to be accurate and complete to the best of applicant's knowledge and belief 
33.33   as to the following information: 
34.1    (1) Every application for informal probate of a will or for informal appointment of 
34.2    a personal representative, other than a special or successor representative, shall contain 
34.3    the following:
34.4    (i) a statement of the interest of the applicant;
34.5    (ii) the name, Social Security number, birthdate, and date of death of the decedent, 
34.6    and the county and state of the decedent's domicile at the time of death, and the names and 
34.7    addresses of the spouse, children, heirs, and devisees and the ages of any who are minors 
34.8    so far as known or ascertainable with reasonable diligence by the applicant;
34.9    (iii) if the decedent was not domiciled in the state at the time of death, a statement 
34.10   showing venue;
34.11   (iv) a statement identifying and indicating the address of any personal representative 
34.12   of the decedent appointed in this state or elsewhere whose appointment has not been 
34.13   terminated;
34.14   (v) a statement indicating whether the applicant has received a demand for notice, or 
34.15   is aware of any demand for notice of any probate or appointment proceeding concerning 
34.16   the decedent that may have been filed in this state or elsewhere.
34.17   (2) An application for informal probate of a will shall state the following in addition 
34.18   to the statements required by (1):
34.19   (i) that the original of the decedent's last will is in the possession of the court, or 
34.20   accompanies the application, or that an authenticated copy of a will probated in another 
34.21   jurisdiction accompanies the application;
34.22   (ii) that the applicant, to the best of the applicant's knowledge, believes the will to 
34.23   have been validly executed;
34.24   (iii) that after the exercise of reasonable diligence, the applicant is unaware of any 
34.25   instrument revoking the will, and that the applicant believes that the instrument which is 
34.26   the subject of the application is the decedent's last will;
34.27   (iv) that the time limit for informal probate as provided in this article has not expired 
34.28   either because three years or less have passed since the decedent's death, or, if more than 
34.29   three years from death have passed, that circumstances as described by section  524.3-108 
34.30   authorizing tardy probate have occurred. 
34.31   (3) An application for informal appointment of a personal representative to 
34.32   administer an estate under a will shall describe the will by date of execution and state 
34.33   the time and place of probate or the pending application or petition for probate. The 
34.34   application for appointment shall adopt the statements in the application or petition for 
34.35   probate and state the name, address and priority for appointment of the person whose 
34.36   appointment is sought.
35.1    (4) An application for informal appointment of an administrator in intestacy shall 
35.2    state in addition to the statements required by (1):
35.3    (i) that after the exercise of reasonable diligence, the applicant is unaware of any 
35.4    unrevoked testamentary instrument relating to property having a situs in this state under 
35.5    section  524.1-301, or, a statement why any such instrument of which the applicant may 
35.6    be aware is not being probated; 
35.7    (ii) the priority of the person whose appointment is sought and the names of any 
35.8    other persons having a prior or equal right to the appointment under section  524.3-203. 
35.9    (5) An application for appointment of a personal representative to succeed a personal 
35.10   representative appointed under a different testacy status shall refer to the order in the most 
35.11   recent testacy proceeding, state the name and address of the person whose appointment 
35.12   is sought and of the person whose appointment will be terminated if the application is 
35.13   granted, and describe the priority of the applicant.
35.14   (6) An application for appointment of a personal representative to succeed a personal 
35.15   representative who has tendered a resignation as provided in section  524.3-610(c), or 
35.16   whose appointment has been terminated by death or removal, shall adopt the statements in 
35.17   the application or petition which led to the appointment of the person being succeeded 
35.18   except as specifically changed or corrected, state the name and address of the person who 
35.19   seeks appointment as successor, and describe the priority of the applicant. 

35.20       Sec. 21. Minnesota Statutes 2004, section 524.3-715, is amended to read:
35.21   524.3-715 TRANSACTIONS AUTHORIZED FOR PERSONAL 
35.22   REPRESENTATIVES; EXCEPTIONS.
35.23   Except as restricted or otherwise provided by the will or by an order in a 
35.24   formal proceeding and subject to the priorities stated in section  524.3-902, a personal 
35.25   representative, acting reasonably for the benefit of the interested persons, may properly: 
35.26   (1) retain assets owned by the decedent pending distribution or liquidation including 
35.27   those in which the representative is personally interested or which are otherwise improper 
35.28   for trust investment;
35.29   (2) receive assets from fiduciaries, or other sources;
35.30   (3) perform, compromise or refuse performance of the decedent's contracts that 
35.31   continue as obligations of the estate, as the personal representative may determine under 
35.32   the circumstances. In performing enforceable contracts by the decedent to convey or lease 
35.33   land, the personal representative, among other possible courses of action, may:
36.1    (i) execute and deliver a deed of conveyance for cash payment of all sums remaining 
36.2    due or the purchaser's note for the sum remaining due secured by a mortgage or deed of 
36.3    trust on the land; or
36.4    (ii) deliver a deed in escrow with directions that the proceeds, when paid in 
36.5    accordance with the escrow agreement, be paid to the successors of the decedent, as 
36.6    designated in the escrow agreement;
36.7    (4) satisfy written charitable pledges of the decedent irrespective of whether the 
36.8    pledges constituted binding obligations of the decedent or were properly presented as 
36.9    claims, if in the judgment of the personal representative the decedent would have wanted 
36.10   the pledges completed under the circumstances;
36.11   (5) if funds are not needed to meet debts and expenses currently payable and are not 
36.12   immediately distributable, deposit or invest liquid assets of the estate, including moneys 
36.13   received from the sale of other assets, in federally insured interest-bearing accounts, 
36.14   readily marketable secured loan arrangements or other prudent investments which would 
36.15   be reasonable for use by trustees generally;
36.16   (6) acquire or dispose of an asset, including land in this or another state, for cash or 
36.17   on credit, at public or private sale; and manage, develop, improve, exchange, partition, 
36.18   change the character of, or abandon an estate asset;
36.19   (7) make ordinary or extraordinary repairs or alterations in buildings or other 
36.20   structures, demolish any improvements, raze existing or erect new party walls or buildings;
36.21   (8) subdivide, develop or dedicate land to public use; make or obtain the vacation of 
36.22   plats and adjust boundaries; or adjust differences in valuation on exchange or partition 
36.23   by giving or receiving considerations; or dedicate easements to public use without 
36.24   consideration;
36.25   (9) enter for any purpose into a lease as lessor or lessee, with or without option to 
36.26   purchase or renew, for a term within or extending beyond the period of administration;
36.27   (10) enter into a lease or arrangement for exploration and removal of minerals or 
36.28   other natural resources or enter into a pooling or unitization agreement;
36.29   (11) abandon property when, in the opinion of the personal representative, it is 
36.30   valueless, or is so encumbered, or is in condition that it is of no benefit to the estate;
36.31   (12) vote stocks or other securities in person or by general or limited proxy;
36.32   (13) pay calls, assessments, and other sums chargeable or accruing against or on 
36.33   account of securities, unless barred by the provisions relating to claims;
36.34   (14) hold a security in the name of a nominee or in other form without disclosure of 
36.35   the interest of the estate but the personal representative is liable for any act of the nominee 
36.36   in connection with the security so held;
37.1    (15) insure the assets of the estate against damage, loss and liability and the personal 
37.2    representative against liability as to third persons;
37.3    (16) borrow money with or without security to be repaid from the estate assets or 
37.4    otherwise; and advance money for the protection of the estate;
37.5    (17) effect a fair and reasonable compromise with any debtor or obligor, or extend, 
37.6    renew or in any manner modify the terms of any obligation owing to the estate. The 
37.7    personal representative on holding a mortgage, pledge or other lien upon property of 
37.8    another person may, in lieu of foreclosure, accept a conveyance or transfer of encumbered 
37.9    assets from the owner thereof in satisfaction of the indebtedness secured by lien;
37.10   (18) pay in compliance with section  524.3-805, but without the presentation of 
37.11   a claim, the reasonable and necessary last illness expenses of the decedent (except as 
37.12   provided in section  524.3-806 (a)), reasonable funeral expenses, debts and taxes with 
37.13   preference under federal or state law, and other taxes, assessments, compensation of the 
37.14   personal representative and the personal representative's attorney, and all other costs and 
37.15   expenses of administration although the same may be otherwise barred under section  
37.16   524.3-803; 
37.17   (19) sell or exercise stock subscription or conversion rights; consent, directly 
37.18   or through a committee or other agent, to the reorganization, consolidation, merger, 
37.19   dissolution, or liquidation of a corporation or other business enterprise;
37.20   (20) allocate items of income or expense to either estate income or principal, as 
37.21   permitted or provided by law;
37.22   (21) employ persons, including attorneys, auditors, investment advisors, or agents, 
37.23   even if they are associated with the personal representative, to advise or assist the personal 
37.24   representative in the performance of administrative duties; act without independent 
37.25   investigation upon their recommendations; and instead of acting personally, employ one 
37.26   or more agents to perform any act of administration, whether or not discretionary;
37.27   (22) prosecute or defend claims, or proceedings in any jurisdiction for the protection 
37.28   of the estate and of the personal representative in the performance of duties;
37.29   (23) sell, mortgage, or lease any real or personal property of the estate or any interest 
37.30   therein, including the homestead, exempt or otherwise,  for cash, credit, or for part cash 
37.31   and part credit, and with or without security for unpaid balances, provided, however, 
37.32   and without the consent of any devisee or heir unless the property has been specifically 
37.33   devised to a devisee or heir by decedent's will, except  that the homestead of a decedent 
37.34   when the spouse takes any interest therein shall not be sold, mortgaged or leased unless 
37.35   the written consent of the spouse has been obtained;
38.1    (24) continue any unincorporated business or venture in which the decedent was 
38.2    engaged at the time of death (i) in the same business form for a period of not more 
38.3    than four months from the date of appointment of a general personal representative if 
38.4    continuation is a reasonable means of preserving the value of the business including good 
38.5    will, (ii) in the same business form for any additional period of time that may be approved 
38.6    by order of the court in a formal proceeding to which the persons interested in the estate 
38.7    are parties; or (iii) throughout the period of administration if the business is incorporated 
38.8    by the personal representative and if none of the probable distributees of the business who 
38.9    are competent adults object to its incorporation and retention in the estate;
38.10   (25) incorporate any business or venture in which the decedent was engaged at 
38.11   the time of death;
38.12   (26) provide for exoneration of the personal representative from personal liability in 
38.13   any contract entered into on behalf of the estate;
38.14   (27) satisfy and settle claims and distribute the estate as provided in this chapter;
38.15   (28) foreclose a mortgage, lien, or pledge or collect the debts secured thereby, or 
38.16   complete any such proceeding commenced by the decedent;
38.17   (29) exercise all powers granted to guardians and conservators by sections  524.5-101 
38.18   to  524.5-502. 

38.19       Sec. 22. Minnesota Statutes 2004, section 524.3-803, is amended to read:
38.20   524.3-803 LIMITATIONS ON PRESENTATION OF CLAIMS.
38.21   (a) All claims as defined in section  524.1-201(4)  (6), against a decedent's estate 
38.22   which arose before the death of the decedent, including claims of the state and any 
38.23   subdivision thereof, whether due or to become due, absolute or contingent, liquidated or 
38.24   unliquidated, if not barred earlier by other statute of limitations, are barred against the 
38.25   estate, the personal representative, and the heirs and devisees of the decedent, unless 
38.26   presented as follows: 
38.27   (1) in the case of a creditor who is only entitled, under the United States Constitution 
38.28   and under the Minnesota Constitution, to notice by publication under section  524.3-801, 
38.29   within four months after the date of the court administrator's notice to creditors which 
38.30   is subsequently published pursuant to section  524.3-801; 
38.31   (2) in the case of a creditor who was served with notice under section  524.3-801, 
38.32   paragraph (c), within the later to expire of four months after the date of the first publication 
38.33   of notice to creditors or one month after the service; 
38.34   (3) within the later to expire of one year after the decedent's death, or one year after 
38.35   June 16, 1989, whether or not notice to creditors has been published or served under 
39.1    section  524.3-801, provided, however, that in the case of a decedent who died before June 
39.2    16, 1989, no claim which was then barred by any provision of law may be deemed to have 
39.3    been revived by the amendment of this section. 
39.4    (b) All claims against a decedent's estate which arise at or after the death of the 
39.5    decedent, including claims of the state and any subdivision thereof, whether due or to 
39.6    become due, absolute or contingent, liquidated or unliquidated, are barred against the 
39.7    estate, the personal representative, and the heirs and devisees of the decedent, unless 
39.8    presented as follows:
39.9    (1) a claim based on a contract with the personal representative, within four months 
39.10   after performance by the personal representative is due;
39.11   (2) any other claim, within four months after it arises.
39.12   (c) Nothing in this section affects or prevents:
39.13   (1) any proceeding to enforce any mortgage, pledge, or other lien upon property 
39.14   of the estate;
39.15   (2) any proceeding to establish liability of the decedent or the personal representative 
39.16   for which there is protection by liability insurance, to the limits of the insurance protection 
39.17   only;
39.18   (3) the presentment and payment at any time within one year after the decedent's 
39.19   death of any claim arising before the death of the decedent that is referred to in section  
39.20   524.3-715, clause (18), although the same may be otherwise barred under this section; or 
39.21   (4) the presentment and payment at any time before a petition is filed in compliance 
39.22   with section  524.3-1001 or  524.3-1002 or a closing statement is filed under section  
39.23   524.3-1003, of: 
39.24   (i) any claim arising after the death of the decedent that is referred to in section  
39.25   524.3-715, clause (18), although the same may be otherwise barred hereunder; 
39.26   (ii) any other claim, including claims subject to clause (3), which would otherwise be 
39.27   barred hereunder, upon allowance by the court upon petition of the personal representative 
39.28   or the claimant for cause shown on notice and hearing as the court may direct.

39.29       Sec. 23. Minnesota Statutes 2005 Supplement, section 548.27, is amended to read:
39.30   548.27 FILING AND STATUS OF FOREIGN JUDGMENTS.
39.31   (a) A certified copy of any foreign judgment may be filed in the office of the court 
39.32   administrator of any district court of this state. Subject to paragraph (b), The court 
39.33   administrator shall treat the foreign judgment in the same manner as a judgment of 
39.34   any district court or the Supreme Court of this state, and. The time period provided in 
39.35   section 548.09 for the continuation of the lien on real property, the rate of interest accrual 
40.1    provided in section 549.09, the time period provided in section 550.01 for the enforcement 
40.2    of the judgment, and the requirements of sections 508.63 and 508A.63 apply to foreign 
40.3    judgments filed pursuant to this section. For purposes of sections 548.09, 549.09, 550.01, 
40.4    508.63, and 508A.63, the date of entry of a foreign judgment is the original date of entry 
40.5    in the foreign jurisdiction. Upon the filing of a certified copy of a foreign judgment in 
40.6    the office of the court administrator of district court of a county, it may not be filed in 
40.7    another district court in the state. A judgment so filed has the same effect and is subject to 
40.8    the same procedures, defenses and proceedings for reopening, vacating, or staying as a 
40.9    judgment of a district court or the Supreme Court of this state, and may be enforced or 
40.10   satisfied in like manner.
40.11   (b) If the creditor wants the foreign state's life span or interest rate applied to the 
40.12   judgment, the creditor or creditor's attorney must file an affidavit attesting to the foreign 
40.13   state's life span or interest rate, and a subsequent affidavit each time the interest rate or life 
40.14   span changes. Absent such an affidavit, Minnesota's life span and interest rate shall be 
40.15   applied to the judgment.

40.16       Sec. 24. APPLICABILITY; TRANSITION PROVISIONS.
40.17   Section 21 applies to every conveyance by a personal representative made before, 
40.18   on, or after the effective date of this section, except that it does not affect an action or 
40.19   proceeding that is:
40.20   (1) pending on the effective date of section 21 involving the validity of the 
40.21   conveyance; or 
40.22   (2) commenced prior to February 1, 2007, if a notice of the pendency of the action 
40.23   or proceeding is recorded before February 1, 2007, in the office of the county recorder 
40.24   or registrar of titles of the county in which the real property affected by the action or 
40.25   proceeding is located.