Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 477-H.F.No. 1589 
           An act relating to real property; providing a 
          restriction on the duration of conditions affecting 
          certain real property; providing an exemption for the 
          city of North Oaks; amending Minnesota Statutes 1986, 
          section 500.20, by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 500.20, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [RESTRICTION OF DURATION OF CONDITION.] Except 
for any right to reenter or to repossess as provided in 
subdivision 3, all private covenants, conditions, or 
restrictions created by which the title or use of real property 
is affected, cease to be valid and operative 30 years after the 
date of the deed, or other instrument, or the date of the 
probate of the will, creating them, and may be disregarded.  
    This subdivision does not apply to covenants, conditions, 
or restrictions:  
    (1) that were created before August 1, 1988, by deed or 
other instrument dated on or after August 1, 1982, or by will 
the date of death of the testator of which was on or after 
August 1, 1982;  
    (2) that were created before August 1, 1959, under which a 
person who owns or has an interest in real property against 
which the covenants, conditions, or restrictions have been filed 
claims a benefit of the covenant, condition, or restriction if 
the person records in the office of the county recorder or files 
in the office of the registrar of titles in the county in which 
the real estate affected is located, on or before March 30, 
1989, a notice sworn to by the claimant or the claimant's agent 
or attorney:  setting forth the name of the claimant; describing 
the real estate affected; describing the deed, instrument, or 
will creating the covenant, condition, or restriction; and 
stating that the covenant, condition, or restriction is not 
nominal and may not be disregarded under subdivision 1; 
    (3) that are created by the declaration, bylaws, floor 
plans, or condominium plat of a condominium created before 
August 1, 1980, under sections 515.01 to 515.29 or created on or 
after August 1, 1980, under sections 515A.1-101 to 515A.4-117, 
or by any amendments of the declaration, bylaws, floor plans, or 
condominium plat;  
    (4) that are created by the articles of incorporation, 
bylaws, or proprietary leases of a cooperative association 
formed under sections 308.05 to 308.18;  
    (5) that are created by a declaration or other instrument 
that authorizes and empowers a corporation of which the 
qualification for being a stockholder or member is ownership of 
certain parcels of real estate, to hold title to common real 
estate for the benefit of the parcels; 
    (6) that are created by a deed, declaration, reservation, 
or other instrument by which one or more portions of a building, 
set of connecting or adjacent buildings, or complex or project 
of related buildings and structures share support, structural 
components, ingress and egress, or utility access with another 
portion or portions; or 
    (7) that were created after July 31, 1959, and before 
August 1, 1982, under which a person who owns or has an interest 
in real estate against which covenants, conditions, or 
restrictions have been filed claims a benefit of the covenants, 
conditions, or restrictions if the person records in the office 
of the county recorder or files in the office of the registrar 
of titles in the county in which the real estate affected is 
located during the period commencing on the 28th anniversary of 
the date of the deed or instrument, or the date of the probate 
of the will, creating them and ending on the 30th anniversary, a 
notice as described in clause (2). 
    A notice filed in accordance with clause (2) or (7) delays 
application of this subdivision to the covenants, conditions, or 
restrictions for a period ending on the later of seven years 
after the date of filing of the notice, or until final judgment 
is entered in an action to determine the validity of the 
covenants, conditions, or restrictions, provided in the case of 
an action the summons and complaint must be served and a notice 
of lis pendens must be recorded in the office of the county 
recorder or filed in the office of the registrar of titles in 
each county in which the real estate affected is located within 
seven years after the date of recording or filing of the notice 
under clause (2) or (7). 
    County recorders and registrars of titles shall accept for 
recording or filing a notice conforming with this subdivision 
and charge a fee corresponding with the fee charged for filing a 
notice of lis pendens of similar length.  The notice may be 
discharged in the same manner as a notice of lis pendens and 
when discharged, together with the information included with it, 
ceases to constitute either actual or constructive notice. 
     Sec. 2.  [APPLICATION TO THE CITY OF NORTH OAKS.] 
     Section 1 does not apply to real property in the city of 
North Oaks. 
     Sec. 3.  [EFFECTIVE DATE.] 
     Section 2 is effective the day after compliance with 
Minnesota Statutes, section 645.021, subdivision 3, by the 
governing body of the city of North Oaks. 
    Approved April 12, 1988