Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 98-H.F.No. 1069 
           An act relating to real property; providing that 
          purchaser's right to cancel applies to condominiums 
          created before August 1, 1980; providing that lien on 
          real estate added in expansion of flexible 
          condominiums does not affect existing condominiums; 
          amending Minnesota Statutes 1988, sections 515A.1-102; 
          and 515A.2-111. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 515A.1-102, is 
amended to read: 
    515A.1-102 [APPLICABILITY.] 
    (a) Sections 515A.1-105 (Property Taxation), 515A.1-106 
(Applicability of Local Ordinances, Regulations, and Building 
Codes), 515A.1-107 (Eminent Domain), 515A.2-103 (Construction 
and Validity of Declaration and Bylaws), 515A.2-104 (Description 
of Units), 515A.3-102 (a) (1) to (5) and (9) to (12) (Powers of 
Unit Owners Association), 515A.3-111 (Tort and Contract 
Liability), 515A.3-112 (Insurance), 515A.3-115 (Lien for 
Assessments), 515A.3-116 (Association Records), 515A.4-107 
(Resales of Units), 515A.4-1075 (Purchaser's Right to Cancel), 
and 515A.1-103 (Definitions) to the extent necessary in 
construing any of those sections, apply to all condominiums 
created in this state prior to August 1, 1980; provided, 
however, that these sections apply only with respect to events 
and circumstances occurring after July 31, 1980, and do not 
invalidate existing provisions of the declaration, bylaws, or 
floor plans of those condominiums.  
    (b) Sections 515A.1-101 to 515A.4-117 apply to all 
condominiums created within this state after August 1, 1980.  
The provisions of sections 515.01 to 515.29 do not apply to 
condominiums created after August 1, 1980 and do not invalidate 
any amendment to the declaration, bylaws, or floor plans of any 
condominium created before August 1, 1980, or to a condominium 
plat of any condominium created before August 1, 1986, if the 
amendment would be permitted by sections 515A.1-101 to 
515A.4-117.  The amendment must be adopted in conformity with 
the procedures and requirements specified by those instruments 
and by sections 515.01 to 515.29.  If the amendment grants to 
any person any rights, powers or privileges permitted by 
sections 515A.1-101 to 515A.4-117, all correlative obligations, 
liabilities, and restrictions in sections 515A.1-101 to 
515A.4-117 also apply to that person.  
    Sec. 2.  Minnesota Statutes 1988, section 515A.2-111, is 
amended to read: 
     515A.2-111 [EXPANSION OF FLEXIBLE CONDOMINIUMS.] 
    (a) To add additional real estate pursuant to an option 
reserved under section 515A.2-106(1), all persons having an 
interest in the additional real estate, excepting any holder of 
an easement or any holder of an interest to secure an obligation 
which interest was recorded or created subsequent to the 
recording of the declaration, shall prepare and execute and, 
after notice as provided in subsection (b), record an amendment 
to the declaration.  The amendment to the declaration shall 
assign an identifying number to each unit formed in the 
additional real estate, and reallocate common element interests, 
votes in the association, and common expense liabilities 
according to section 515A.2-108.  The amendment shall describe 
or delineate any limited common elements formed out of the 
additional real estate, showing or designating the unit to which 
each is allocated to the extent required by section 515A.2-109 
(Limited Common Elements). 
    (b) The declarant shall serve notice of an intention to add 
additional real estate as follows:  
    (1) To the association in the same manner as service of 
summons in a civil action in district court at least 30 days 
prior to recording the amendment.  The amendment shall be 
attached to the notice and shall not thereafter be changed so as 
to materially affect the rights of unit owners.  
    (2) To the occupants of each unit by notice given in the 
manner provided in section 515A.1-115 not less than 20 days 
prior to recording the amendment addressed to "Occupant Entitled 
to Legal Notice" at each unit.  Attached to the notice shall be 
a statement that the amendment has been served on the 
association.  
    (3) Proof of service upon the association and the occupants 
shall be attached to the recorded amendment.  
    (c) A lien upon the additional real estate that is not also 
upon the existing condominium is a lien only upon the units and 
their percentage of the common elements that are created from 
the additional real estate.  Units within the condominium as it 
existed prior to expansion are transferred free of liens that 
are liens only upon the additional real estate, notwithstanding 
the fact that the percentage of common elements for the units is 
a percentage of the entire condominium, including the additional 
real estate. 
    Presented to the governor May 5, 1989 
    Signed by the governor May 9, 1989, 6:12 p.m.