SF 3239

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; revising procedures and fees charged by county
registrars of title for registering supplemental declarations of common interest
communities; amending Minnesota Statutes 2006, sections 508.82, subdivision
1; 515B.1-116.

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

Section 1.

Minnesota Statutes 2006, section 508.82, subdivision 1, is amended to read:

Subdivision 1.

Standard documents.

The fees to be charged by the registrar of
titles shall be and not exceed the following:

(1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3), (4),
(11), (13), (15), (17), and (18) for filing or memorializing shall be paid to the state treasury
pursuant to section 508.75 and credited to the general fund;

(2) for registering a first certificate of title, including issuing a copy of it, $46.
Pursuant to clause (1), distribution of this fee is as follows:

(i) $10.50 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and

(iii) $25.50 shall be deposited in the county general fund;

(3) for registering each instrument transferring the fee simple title for which a new
certificate of title is issued and for the registration of the new certificate of title, including
a copy of it, $46. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and

(iii) $24 shall be deposited in the county general fund;

(4) for the entry of each memorial on a certificate, $46. For multiple certificate
entries, $20 thereafter. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3;

(iii) $24 shall be deposited in the county general fund; and

(iv) $20 shall be deposited in the county general fund for each multiple entry used;

(5) for issuing each residue certificate and each additional new certificate, $40;

(6) for exchange certificates, $20 for each certificate canceled and $20 for each
new certificate issued;

(7) for each certificate showing condition of the register, $50;

(8) for any certified copy of any instrument or writing on file or recorded in the
registrar of titles' office, $10;

(9) for a noncertified copy of any certificate of title, other than the copies issued
under clauses (2) and (3), any instrument or writing on file or recorded in the office of
the registrar of titles, or any specified page or part of it, an amount as determined by the
county board for each page or fraction of a page specified. If computer or microfilm
printers are used to reproduce the instrument or writing, a like amount per image;

(10) for a noncertified copy of any document submitted for recording, if the original
document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
or duplicate original and payment of the fee, a registrar of titles shall return it marked
"copy" or "duplicate," showing the recording date and, if available, the document number
assigned to the original;

(11) for filing two copies of any plat new text begin , other than a CIC plat complying with section
515B.2-110, paragraph (c), new text end in the office of the registrar, $56. Pursuant to clause (1),
distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and

(iii) $34 shall be deposited in the county general fund;

(12) for any other service under this chapter, such fee as the court shall determine;

new text begin (13) for filing any document affecting two or more units in a condominium governed
by chapter 515, $46 for the first certificate upon which the document is registered, and for
multiple certificate entries, $20 for each additional certificate upon which the document
is registered. For purposes of this paragraph, an amendment to the declaration of a
condominium governed by chapter 515 and a related amendment to the condominium
floor plans shall be considered a single document, and the filing fee shall be $56 for the
first certificate upon which the document is registered, and for multiple certificate entries,
$20 for each additional certificate upon which the document is registered.
new text end

deleted text begin (13) for filing an amendment to a declaration in accordance with chapter 515, $46
for deleted text end deleted text begin each deleted text end deleted text begin certificate upon which the document is registered and for multiple certificate
deleted text end deleted text begin entries, $20 thereafter; $56 for an amended floor plan filed in accordance with chapter
deleted text end deleted text begin 515. deleted text end Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3;

(iii) $24 shall be deposited in the county general fund for amendment to a declaration;

(iv) $20 shall be deposited in the county general fund for each multiple entry
used; and

(v) $34 shall be deposited in the county general fund for an amended floor plan;

(14) for issuance of a CECT pursuant to section 508.351, $40;

new text begin (15) for filing a common interest community declaration and a CIC plat complying
with section 515B.2-110, paragraph (c); an amendment to a common interest community
declaration and a related amendment to a CIC plat complying with section 515B.2-110,
paragraph (c); or a supplemental declaration and a related supplemental CIC plat
complying with section 515B.2-110, paragraph (c), each of which related documents
shall be considered a single document, the filing fee shall be $56 for the first certificate
upon which the document is registered, and for multiple certificate entries, $20 for each
additional certificate upon which the document is registered. For filing any other document
affecting two or more units in a common interest community, the filing fee shall be $46
for the first certificate upon which the document is registered, and for multiple certificate
entries, $20 for each additional certificate upon which the document is registered. The
same fees shall apply to filing any document affecting two or more units or other parcels
subject to a master declaration.
new text end

deleted text begin (15) for filing an amendment to a common interest community declaration, including
deleted text end deleted text begin a supplemental declaration, and plat or amendment complying with section deleted text end deleted text begin 515B.2-110,
deleted text end deleted text begin subsection (c) deleted text end deleted text begin , $46 for the first certificate upon which the document is registered and for
deleted text end deleted text begin multiple certificate entries, $20 thereafter deleted text end deleted text begin and $56 for the filing of the condominium or
deleted text end deleted text begin common interest community plat or amendment. deleted text end deleted text begin See section 515B.1-116 for special
requirement relating to a common interest community. deleted text end Pursuant to clause (1), distribution
of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3;

(iii) $24 shall be deposited in the county general fund for the filing of an amendment
complying with section 515B.2-110, subsection (c);

(iv) $20 shall be deposited in the county general fund for each multiple entry
used; and

(v) $34 shall be deposited in the county general fund for the filing of a condominium
or CIC plat or amendment;

(16) for a copy of a condominium floor plan filed in accordance with chapter 515,
or a copy of a common interest community plat complying with section 515B.2-110,
subsection (c), the fee shall be $1 for each page of the floor plan or common interest
community plat with a minimum fee of $10;

(17) for the filing of a certified copy of a plat of the survey pursuant to section
508.23 or 508.671, $46. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and

(iii) $24 shall be deposited in the county general fund;

(18) for filing a registered land survey in triplicate in accordance with section
508.47, subdivision 4, $56. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and

(iii) $34 shall be deposited in the county general fund; and

(19) for furnishing a certified copy of a registered land survey in accordance with
section 508.47, subdivision 4, $15.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2006, section 515B.1-116, is amended to read:

515B.1-116 RECORDING.

(a) A declaration, bylaws, any amendment to a declaration or bylaws, and any other
instrument affecting a common interest community shall be entitled to be recorded. In
those counties which have a tract index, the county recorder shall enter the declaration in
the tract index for each unit or other tract affected. The county recorder shall not enter
the declaration in the tract index for lands described as additional real estate, unless such
lands are added to the common interest community pursuant to section 515B.2-111. The
registrar of titles shall file the declaration in accordance with section 508.351 or 508A.351.
The registrar of titles shall not file the declaration upon certificates of title for lands
described as additional real estate, unless such lands are added to the common interest
community pursuant to section 515B.2-111.

(b) The recording officer shall upon request promptly assign a number (CIC number)
to a common interest community to be formed or to a common interest community
resulting from the merger of two or more common interest communities.

(c) Documents recorded pursuant to this chapter shall in the case of registered
land be filed, and references to the recording of documents shall mean filed in the case
of registered land.

(d) Subject to any specific requirements of this chapter, if a recorded document
relating to a common interest community or a master association purports to require a
certain vote or signatures approving any restatement or amendment of the document by a
certain number or percentage of unit owners or secured parties, and if the amendment or
restatement is to be recorded, an affidavit of the president or secretary of the association
stating that the required vote or signatures have been obtained shall be attached to the
document to be recorded and shall constitute prima facie evidence of the representations
contained therein.

deleted text begin (e) If a common interest community is located on registered land, the recording
fee for any document affecting two or more units shall be $46 for the first ten affected
certificates and $10 for each additional affected certificate. deleted text end deleted text begin This provision shall not apply
deleted text end deleted text begin to recording fees for deeds of conveyance, with the exception of deeds given pursuant
deleted text end deleted text begin to sections deleted text end deleted text begin and deleted text end deleted text begin . The same fees shall apply to recording any
deleted text end deleted text begin document affecting two or more units or other parcels of real estate subject to a master
deleted text end deleted text begin declaration.
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end Except as permitted under this subsection, a recording officer shall not file
or record a declaration creating a new common interest community, unless the county
treasurer has certified that the property taxes payable in the current year for the real estate
included in the proposed common interest community have been paid. This certification
is in addition to the certification for delinquent taxes required by section 272.12. In the
case of preexisting common interest communities, the recording officer shall accept,
file, and record the following instruments, without requiring a certification as to the
current or delinquent taxes on any of the units in the common interest community: (i) a
declaration subjecting the common interest community to this chapter; (ii) a declaration
changing the form of a common interest community pursuant to section 515B.2-123; or
(iii) an amendment to or restatement of the declaration, bylaws, or CIC plat. In order for
an instrument to be accepted and recorded under the preceding sentence, the instrument
must not create or change unit or common area boundaries.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008.
new text end