SF 647

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to real property; providing for the
allocation of the common expenses of certain
condominiums; amending Minnesota Statutes 2004,
section 515A.2-108.

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

Section 1.

Minnesota Statutes 2004, section 515A.2-108, is
amended to read:

515A.2-108 ALLOCATION OF COMMON ELEMENT INTERESTS, VOTES,
AND COMMON EXPENSE LIABILITIES.

(a) The declaration shall allocate a fraction or percentage
of the undivided interests in the common elements, common
expenses and votes in the association to each unit in such
manner that each of the items is equally allocated or is
allocated according to the proportion of the area or volume of
each unit to the area or volume of all units, and the items need
not be allocated the same for all purposes. The declaration may
provide that a portion of each common expense assessment may be
allocated on the basis of equality and the remainder on the
basis of area or volume of each unit. The sum of the
percentages or fractions shall equal 100 percent or 1.

(b) Except in the case of eminent domain (section
515A.1-107), expansion of a flexible condominium (section
515A.2-111), relocation of boundaries between adjoining units
(section 515A.2-114), or subdivision of units (section
515A.2-115), the common element interest, votes and common
expense liability allocated to any unit may not be altered,
except as an amendment to the declaration which is signed by all
unit owners and first mortgagees, and which complies with
section 515A.2-119. The common elements are not subject to
partition, and any purported conveyance, encumbrance, judicial
sale or other voluntary or involuntary transfer of an undivided
interest or involuntary transfer of an undivided interest in the
common elements without the unit to which the interest is
allocated is void.

(c) The association may assess certain common expenses
against fewer than all units pursuant to section 515A.3-114.

new text begin (d) Notwithstanding any provision of chapter 515B or other
law, for a condominium originally created under this chapter, in
which the area of the largest unit is 2-1/2 times or more larger
than the area of the smallest unit, the common expenses must be
allocated according to the proportion of the area of each unit
to the area of all units. If the declaration provides for a
different allocation of common expenses, each unit sold after
the effective date of this paragraph shall be allocated expenses
in the proportion required by this paragraph, but the remaining
units may continue to be allocated the balance of the common
expenses in the proportion provided by the declaration.
new text end