SF 1184

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

A bill for an act
relating to shoreland; Minnesota Common Interest
Ownership Act; requiring county review and approval of
subdivisions; amending Minnesota Statutes 2004,
section 515B.2-112.

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

Section 1.

Minnesota Statutes 2004, section 515B.2-112, is
amended to read:

515B.2-112 SUBDIVISION OR CONVERSION OF UNITS.

(a) If the declaration so provides, (i) a unit owned by a
person other than a declarant may be subdivided into two or more
units, or (ii) a unit owned by a declarant may be subdivided or
converted into two or more units, limited common elements,
common elements, or a combination of units, limited common
elements or common elements, subject to subsections
(b) deleted text begin and deleted text end new text begin , new text end (c) new text begin , and (d) new text end .

(b) If a unit is owned by a unit owner other than a
declarant, the unit owner shall prepare and submit to the
association for approval an application for an amendment to the
declaration and amended CIC plat, for the purpose of subdividing
the unit. The application shall contain, at a minimum, a
general description of the proposed subdivision, and shall
specify in detail the matters required by paragraphs (2) and
(3). The association shall establish fair and reasonable
procedures and time frames for the submission and prompt
processing of the applications. If the application is approved,
the unit owner shall cause an amendment and amended CIC plat to
be prepared based upon the approved application. The amendment
shall:

(1) be executed by the unit owner and any secured party
with respect to the unit;

(2) assign a unit identifier to each unit created;

(3) reallocate the common element interest, votes in the
association, and common expense liability formerly allocated to
the unit among the units created on the basis described in the
declaration;

(4) contain such other provisions as may be reasonably
required by the association; and

(5) conform to the requirements of the declaration and this
chapter. The basis for disapproval shall be limited to (i)
structural or safety considerations, (ii) liability
considerations for the association and other unit owners, (iii)
aesthetic considerations if the changes affect exterior portions
of a structure, or (iv) a failure to comply with the
declaration, this chapter, or governmental laws, ordinances or
regulations. The association shall give written notice of its
decision and/or required changes to the unit owner. If the
amendment conforms to the application, the declaration and this
chapter, the association shall be obligated to execute the
amendment and cooperate in its recording. The unit owner shall
record the amendment and the amended CIC plat and deliver a copy
of the recorded amendment and amended CIC plat to the
association. The association may require the unit owners
executing the amendment to pay all fees and costs for reviewing,
preparing and recording the amendment and the amended CIC plat,
and any other fees or costs incurred by the association in
connection therewith.

(c) If a unit is owned by a declarant, the declarant shall
prepare and record at its expense an amendment and amended CIC
plat subdividing or converting the unit. The amendment shall
comply with the requirements of subsection (b)(1), (2), (3) and
(5), and shall be limited to those provisions necessary to
accomplish the subdivision or conversion unless the consent of
unit owners required to amend the declaration is obtained.

(d) new text begin Before recording the amendment and amended CIC plat
which subdivides or converts a unit that affects shoreland, as
defined in section 103F.205, subdivision 4, a unit owner must
submit the proposed subdivision or conversion to the county
where the unit is located for review and approval.
new text end

new text begin (e) new text end If a secured party joins in the amendment pursuant to
this section, its interest and remedies shall be deemed to apply
to the units and the common element interests that result from
the subdivision or conversion of the unit. If the secured party
enforces any remedy, including foreclosure of its lien, against
any of the units created, all instruments and notices shall
describe the subject property in terms of the amended
descriptions.