Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 92-H.F.No. 344
An act relating to real property; providing for the
form and record of certain assignments; revising the
common interest ownership act; changing the
application of the curative and validating law for
mortgage foreclosures; authorizing presentation of
certain instruments without a duplicate certificate of
title; amending Minnesota Statutes 1994, sections
507.411; 508.51; 508A.51; 515B.1-102; 515B.1-103;
515B.1-116; 515B.2-104; 515B.2-105; 515B.2-109;
515B.2-110; 515B.3-112; 515B.3-115; 582.25; and 582.27.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 507.411, is
amended to read:
507.411 [ASSIGNMENT, SATISFACTION, AND RELEASE OF
MORTGAGES; CORPORATE IDENTITY CHANGE.]
When a change in the name or identity of a corporate
mortgagee or assignee of the mortgagee is caused by or results
from a merger, consolidation, amendment to charter or articles
of incorporation, or conversion of articles of incorporation or
charter from federal to state, from state to federal, or from
one form of entity to another, a mortgage assignment,
satisfaction, or release that is otherwise recordable and that
specifies in the body of the instrument the merger,
consolidation, amendment, or conversion event causing the change
in name or identity is in recordable form. The assignment,
satisfaction, or release is entitled to be recorded in the
office of the county recorder or filed with the registrar of
titles, without further evidence of corporate merger,
consolidation, amendment, or conversion. For purposes
of assigning, satisfying, or releasing the mortgage, the
assignment, satisfaction, or release is prima facie evidence of
the facts stated in it with respect to the corporate merger,
consolidation, amendment, or conversion, and the county recorder
and the registrar of titles shall rely upon it to assign,
satisfy, or release the mortgage.
Sec. 2. Minnesota Statutes 1994, section 508.51, is
amended to read:
508.51 [OWNER'S DUPLICATE PRESENTED; EXCEPTION.]
Subdivision 1. [GENERAL.] Except as provided in
subdivision 2, no new certificate of title shall be entered or
issued, and no memorial shall be made upon any certificate of
title in pursuance of any deed or other voluntary instrument
made by the registered owner or the registered owner's
attorney-in-fact, unless the owner's duplicate is presented
therewith, except upon the order of the court. When such order
is made, a memorial thereof shall be entered, or a new
certificate issued as directed thereby. The registrar shall
require that the owner's duplicate be presented only when an
instrument is submitted for filing that is executed by the
registered owner or the registered owner's attorney-in-fact.
When any voluntary instrument made by the registered owner or
the registered owner's attorney-in-fact is presented for
registration the production of the owner's duplicate certificate
shall authorize the registrar to enter a new certificate or to
make a memorial of registration in accordance with such
instrument, and the new certificate or memorial shall be binding
upon the registered owner and upon all persons claiming under
the registered owner in favor of every purchaser for value and
in good faith. In all cases of registration which are procured
by fraud, the owner may pursue all legal and equitable remedies
against the parties to such fraud, without prejudice to the
rights of any innocent holder for value of a certificate of
title.
Subd. 2. [INSTRUMENT IN FAVOR OF GOVERNMENT AGENCY.] A
deed or other voluntary instrument, made by the registered owner
or the registered owner's attorney-in-fact, in favor of the
United States of America, this state, or any political
subdivision, agency, or instrumentality of the United States of
America or this state must be accepted for registration
regardless of whether the owner's duplicate is presented with
it. The execution of a deed or other voluntary instrument by
the registered owner or the registered owner's attorney-in-fact
authorizes the registrar to enter a new certificate or to make a
memorial of registration in accordance with the instrument, and
the new certificate or memorial is binding upon the registered
owner and upon all persons claiming under the registered owner
in favor of every purchaser for value and in good faith. In all
cases of registration that are procured by fraud, the owner may
pursue all legal and equitable remedies against the parties to
the fraud, without prejudice to the rights of any innocent
holder for value of a certificate of title.
Sec. 3. Minnesota Statutes 1994, section 508A.51, is
amended to read:
508A.51 [OWNER'S DUPLICATE PRESENTED; EXCEPTION
EXCEPTIONS.]
Subdivision 1. [GENERAL.] Except as provided in
subdivision 2, no new CPT shall be entered or issued, and no
memorial shall be made upon any CPT in pursuance of any deed or
other voluntary instrument made by the registered owner or the
registered owner's attorney-in-fact, unless the owner's
duplicate is presented with it, except upon the order of the
court. When an order or directive is made, a memorial of it
shall be entered, or a new CPT issued as directed. The
registrar shall require that the owner's duplicate be presented
only when an instrument is submitted for filing that is executed
by the registered owner or the registered owner's
attorney-in-fact. When any voluntary instrument made by the
registered owner or the registered owner's attorney-in-fact is
presented for registration, the production of the owner's
duplicate CPT shall authorize the registrar to enter a new CPT
or to make a memorial of registration in accordance with the
instrument, and the new CPT or memorial shall be binding upon
the registered owner and upon all persons claiming under the
registered owner in favor of every purchaser for value and in
good faith. In all cases of registration which are procured by
fraud, the owner may pursue all legal and equitable remedies
against the parties to the fraud, without prejudice to the
rights of any innocent holder for value of a CPT.
Subd. 2. [INSTRUMENT IN FAVOR OF GOVERNMENT AGENCY.] A
deed or other voluntary instrument, made by the registered owner
or the registered owner's attorney-in-fact, in favor of the
United States of America, this state, or any political
subdivision, agency, or instrumentality of the United States of
America or this state, must be accepted for registration
regardless of whether the owner's duplicate CPT is presented
with it. The execution of a deed or other voluntary instrument
by the registered owner or the registered owner's
attorney-in-fact authorizes the registrar to enter a new CPT or
to make a memorial of registration in accordance with the
instrument, and the new CPT or memorial is binding upon the
registered owner and upon all persons claiming under the
registered owner in favor of every purchaser for value and in
good faith. In all cases of registration that are procured by
fraud, the owner may pursue all legal and equitable remedies
against the parties to the fraud, without prejudice to the
rights of any innocent holder for value of a CPT.
Sec. 4. Minnesota Statutes 1994, section 515B.1-102, is
amended to read:
515B.1-102 [APPLICABILITY.]
(a) Except as provided in this section, this chapter, and
not chapters 515 and 515A, applies to all common interest
communities created within this state on and after June 1, 1994.
(b) The applicability of this chapter to common interest
communities created prior to June 1, 1994, shall be as follows:
(1) This chapter shall apply to condominiums created under
chapter 515A with respect to events and circumstances occurring
on and after June 1, 1994; provided (i) that this chapter shall
not invalidate the declarations, bylaws or condominium plats of
those condominiums, and (ii) that chapter 515A, and not this
chapter, shall govern all rights and obligations of a declarant
of a condominium created under chapter 515A, and the rights and
claims of unit owners against that declarant.
(2) The following sections shall apply to condominiums
created under chapter 515: 515B.1-105 (Separate Titles and
Taxation); 515B.1-106 (Applicability of Local Ordinances,
Regulations, and Building Codes); 515B.1-107 (Eminent Domain);
515B.1-116 (Recording); 515B.2-103 (Construction and Validity of
Declaration and Bylaws); 515B.2-104 (Description of Units);
515B.2-118 (Amendment of Declaration); 515B.3-102 (Powers of
Unit Owners' Association); 515B.3-110 (Voting; Proxies);
515B.3-111 (Tort and Contract Liability); 515B.3-113
(Insurance); 515B.3-116 (Lien for Assessments); 515B.3-117
(Other Liens); 515B.3-118 (Association Records); 515B.3-121
(Accounting Controls); 515B.4-107 (Resale of Units); 515B.4-108
(Purchaser's Right to Cancel Resale); 515B.4-116 (Rights of
Action; Attorney's Fees); and 515B.1-103 (Definitions) to the
extent necessary in construing any of those sections. The
foregoing sections shall apply only with respect to events and
circumstances occurring on and after June 1, 1994, and shall not
invalidate the declarations, bylaws or condominium plats of
those condominiums.
(3) This chapter shall not apply to cooperatives and
planned communities created prior to June 1, 1994; except by
election pursuant to subsection (d).
(c) This chapter shall not invalidate any amendment to the
declaration, bylaws or condominium plat of any condominium
created under chapter 515 or 515A if the amendment was recorded
before June 1, 1994. Any amendment recorded on or after June 1,
1994, shall be adopted in conformity with the procedures and
requirements specified by those instruments and by this
chapter. If the amendment grants to any person any rights,
powers or privileges permitted by this chapter, all correlative
obligations, liabilities and restrictions contained in this
chapter shall also apply to that person.
(d) Any condominium created under chapter 515, any planned
community or cooperative which would be exempt from this chapter
under subsection (e), or any planned community or cooperative
created prior to June 1, 1994, may elect to be subject to this
chapter, as follows:
(1) The election shall be accomplished by recording a
declaration or amended declaration, and a new or amended CIC
plat where required, and by approving bylaws or amended bylaws,
which conform to the requirements of this chapter, and which, in
the case of amendments, are adopted in conformity with the
procedures and requirements specified by the existing
declaration and bylaws of the common interest community, and by
any applicable statutes.
(2) An amended CIC plat shall not be required unless the
amended declaration or bylaws contain provisions inconsistent
with the existing CIC plat; provided, that the recording officer
shall index or cross-reference the CIC number to any existing
CIC plat. In a condominium, the preexisting condominium plat
shall be the CIC plat and an amended CIC plat shall be required
only if the amended declaration or bylaws contain provisions
inconsistent with the preexisting condominium plat. The
condominium's CIC number shall be the apartment ownership number
or condominium number originally assigned to it by the recording
officer. In a cooperative in which the unit owners' interests
are characterized as real estate, a CIC plat shall be required.
In a planned community, the preexisting plat recorded pursuant
to chapter 505, 508, or 508A, or the part of the plat upon which
the common interest community is located, shall be the CIC plat.
(3) The amendment shall conform to the requirements of
section 515B.2-118(d).
(4) Except as permitted by paragraph (3), no declarant,
affiliate of declarant, association, master association nor unit
owner may acquire, increase, waive, reduce or revoke any
previously existing warranty rights or causes of action that one
of said persons has against any other of said persons by reason
of exercising the right of election under this subsection.
(5) A common interest community which elects to be subject
to this chapter may, as a part of the election process, change
its form of ownership by complying with the requirements of
section 515B.2-123.
(e) Except as otherwise provided in this subsection, this
chapter shall not apply, except by election pursuant to
subsection (d), to the following:
(1) a planned community or cooperative which consists of 12
or fewer units subject to the same declaration, which is not
subject to any rights to add additional real estate and which
will not be subject to a master association;
(2) a common interest community where the units consist
solely of separate parcels of real estate designed or utilized
for detached single family dwellings or agricultural purposes,
and where the association has no obligation to maintain any
building containing a dwelling or any agricultural building;
(3) a planned community or cooperative where, at the time
of creation of the planned community or cooperative, the unit
owners' interests in the dwellings consist solely of leasehold
interests having an unexpired term of fewer than 20 years,
including renewal options;
(4) a common interest community containing only a
combination of dwellings described in paragraphs (2) and (3);
(5) planned communities and cooperatives limited by the
declaration to nonresidential use; or
(6) real estate subject only to an instrument or
instruments filed primarily for the purpose of creating or
modifying rights with respect to access, ditches, drainage or
irrigation.
(f) Section 515B.1-106 shall apply to all common interest
communities.
Sec. 5. Minnesota Statutes 1994, section 515B.1-103, is
amended to read:
515B.1-103 [DEFINITIONS.]
In the declaration and bylaws, unless specifically provided
otherwise or the context otherwise requires, and in this chapter:
(1) "Additional real estate" means real estate that may be
added to a flexible common interest community.
(2) "Affiliate of a declarant" means any person who
controls, is controlled by, or is under common control with a
declarant.
(A) A person "controls" a declarant if the person (i) is a
general partner, officer, director, or employer of the
declarant, (ii) directly or indirectly or acting in concert with
one or more other persons, or through one or more subsidiaries,
owns, controls, holds with power to vote, or holds proxies
representing, more than 20 percent of the voting interest in the
declarant, (iii) controls in any manner the election of a
majority of the directors of the declarant, or (iv) has
contributed more than 20 percent of the capital of the declarant.
(B) A person "is controlled by" a declarant if the
declarant (i) is a general partner, officer, director, or
employer of the person, (ii) directly or indirectly or acting in
concert with one or more other persons, or through one or more
subsidiaries, owns, controls, holds with power to vote, or holds
proxies representing, more than 20 percent of the voting
interest in the person, (iii) controls in any manner the
election of a majority of the directors of the person, or (iv)
has contributed more than 20 percent of the capital of the
person.
(C) Control does not exist if the powers described in this
subsection are held solely as a security interest and have not
been exercised.
(3) "Allocated interests" means the following interests
allocated to each unit: (i) in a condominium, the undivided
interest in the common elements, the common expense liability,
and votes in the association; (ii) in a cooperative, the common
expense liability and the ownership interest and votes in the
association; and (iii) in a planned community, the common
expense liability and votes in the association.
(4) "Association" means the unit owners' association
organized under section 515B.3-101.
(5) "Board" means the body, regardless of name, designated
in the articles of incorporation, bylaws or declaration to act
on behalf of the association, or on behalf of a master
association when so identified.
(6) "CIC plat" means a common interest community plat
described in section 515B.2-110.
(7) "Common elements" means all portions of the common
interest community other than the units.
(8) "Common expenses" means expenditures made or
liabilities incurred by or on behalf of the association, or
master association when so identified, together with any
allocations to reserves.
(9) "Common expense liability" means the liability for
common expenses allocated to each unit pursuant to section
515B.2-108.
(10) "Common interest community" means contiguous or
noncontiguous real estate within Minnesota that is subject to an
instrument which obligates persons owning a separately described
parcel of the real estate, or occupying a part of the real
estate pursuant to a proprietary lease, by reason of their
ownership or occupancy, to pay for (i) real estate taxes levied
against; (ii) insurance premiums payable with respect to; (iii)
maintenance of; or (iv) construction, maintenance, repair or
replacement of improvements located on one or more parcels or
parts of the real estate other than the parcel or part that the
person owns or occupies.
(11) "Condominium" means a common interest community in
which (i) portions of the real estate are designated as units,
(ii) the remainder of the real estate is designated for common
ownership solely by the owners of the units, and (iii) undivided
interests in the common elements are vested in the unit owners.
(12) "Conversion property" means real estate on which is
located a building that at any time within two years before
creation of the common interest community was occupied as a
residence wholly or partially by persons other than purchasers
and persons who occupy with the consent of purchasers.
(13) "Cooperative" means a common interest community in
which the real estate is owned by an association, each of whose
members is entitled by virtue of the member's ownership interest
in the association to a proprietary lease.
(14) "Dealer" means a person in the business of selling
units for the person's own account.
(15) "Declarant" means:
(i) if the common interest community has been created, (A)
any person who has executed a declaration, or an amendment to a
declaration to add additional real estate, except secured
parties, persons whose interests in the real estate will not be
transferred to unit owners, or, in the case of a leasehold
common interest community, a lessor who possesses no special
declarant rights and who is not an affiliate of a declarant who
possesses special declarant rights, or (B) any person who
reserves, or succeeds under section 515B.3-104 to any special
declarant rights; or
(ii) any person or persons acting in concert who have
offered prior to creation of the common interest community to
transfer their interest in a unit to be created and not
previously transferred.
(16) "Declaration" means any instrument, however
denominated, including any amendment to the instrument, that
creates a common interest community.
(17) "Dispose" or "disposition" means a voluntary transfer
to a purchaser of any legal or equitable interest in the common
interest community, but the term does not include the transfer
or release of a security interest.
(18) "Flexible common interest community" means a common
interest community to which additional real estate may be added.
(19) "Leasehold common interest community" means a common
interest community in which all or a portion of the real estate
is subject to a lease the expiration or termination of which
will terminate the common interest community or reduce its size.
(20) "Limited common element" means a portion of the common
elements allocated by the declaration or by operation of section
515B.2-102(d) or (f) for the exclusive use of one or more but
fewer than all of the units.
(21) "Master association" means an entity that directly or
indirectly exercises any of the powers set forth in section
515B.3-102 on behalf of one or more members described in section
515B.2-121(b), (i), (ii) or (iii), whether or not it also
exercises those powers on behalf of one or more property owners
associations described in section 515B.2-121(b)(iv). An entity
hired by an association to perform maintenance, repair,
accounting, bookkeeping or management services is not, solely by
virtue of that relationship, a master association.
(22) "Period of declarant control" means the time period
provided for in section 515B.3-103(c) during which the declarant
may appoint and remove officers and directors of the association.
(23) "Person" means an individual, corporation, limited
liability company, partnership, trustee under a trust, personal
representative, guardian, conservator, government, governmental
subdivision or agency, or other legal or commercial entity
capable of holding title to real estate.
(24) "Planned community" means a common interest community
that is not a condominium or a cooperative. A condominium or
cooperative may be a part of a planned community.
(25) "Proprietary lease" means an agreement with a
cooperative association whereby a member of the association is
entitled to exclusive possession of a unit in the cooperative.
(26) "Purchaser" means a person, other than a declarant,
who by means of a voluntary transfer acquires a legal or
equitable interest in a unit other than (i) a leasehold interest
of less than 20 years, including renewal options, or (ii) a
security interest.
(27) "Real estate" means any fee simple, leasehold or other
estate or interest in, over, or under land, including
structures, fixtures, and other improvements and interests that
by custom, usage, or law pass with a conveyance of land though
not described in the contract of sale or instrument of
conveyance. "Real estate" may include spaces with or without
upper or lower boundaries, or spaces without physical boundaries.
(28) "Residential use" means use as a dwelling, whether
primary, secondary or seasonal, but not transient use such as
hotels or motels.
(29) "Secured party" means the person owning a security
interest as defined in paragraph (30).
(30) "Security interest" means a perfected interest in real
estate or personal property, created by contract or conveyance,
which secures payment or performance of an obligation. The term
includes a mortgagee's interest in a mortgage, a vendor's
interest in a contract for deed, a lessor's interest in a lease
intended as security, a holder's interest in a sheriff's
certificate of sale during the period of redemption, an
assignee's interest in an assignment of leases or rents intended
as security, a lender's interest in a cooperative share loan, a
pledgee's interest in the pledge of an ownership interest, or
any other interest intended as security for an obligation under
a written agreement.
(31) "Special declarant rights" means rights reserved in
the declaration for the benefit of a declarant to:
(i) complete improvements indicated on the CIC plat;
(ii) add additional real estate to a common interest
community;
(iii) create units, common elements, or limited common
elements within a common interest community; (iv) subdivide
units or convert units into common elements, limited common
elements and/or units;
(v) (iv) maintain sales offices, management offices, signs
advertising the common interest community, and models;
(vi) (v) use easements through the common elements for the
purpose of making improvements within the common interest
community or any additional real estate;
(vii) (vi) create a master association and provide for the
exercise of authority by the master association over the common
interest community or its unit owners;
(viii) (vii) merge or consolidate a common interest
community with another common interest community of the same
form of ownership; or
(ix) (viii) appoint or remove any officer or director of
the association, or any the master association where applicable,
during any period of declarant control.
(32) "Time share" means a right to occupy a unit or any of
several units during three or more separate time periods over a
period of at least three years, including renewal options,
whether or not coupled with an estate or interest in a common
interest community or a specified portion thereof.
(33) "Unit" means a physical portion of a common interest
community the boundaries of which are described in the common
interest community's declaration and which is intended for
separate ownership or separate occupancy pursuant to a
proprietary lease.
(34) "Unit identifier" means English letters or Arabic
numerals, or a combination thereof, which identify only one unit
in a common interest community and which meet the requirements
of section 515B.2-104.
(35) "Unit owner" means a declarant or other person who
owns a unit, or a lessee of a unit in a leasehold common
interest community whose lease expires simultaneously with any
lease the expiration or termination of which will remove the
unit from the common interest community, but does not include a
secured party. In a common interest community, the declarant is
the unit owner of a unit until that unit has been conveyed to
another person.
Sec. 6. Minnesota Statutes 1994, 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 affected. The
registrar of titles shall file the declaration on the
certificate of title for each unit affected.
(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 any document to be recorded pursuant to this chapter requires
approval by a certain vote or agreement of the unit owners or
secured parties, an affidavit of the secretary of the
association stating that the required vote or agreement has
occurred shall be attached to the document and shall constitute
prima facie evidence of the representations contained therein.
(e) If a common interest community is located on registered
land, the recording fee for any document affecting two or more
units shall be the then-current fee for registering the document
on the certificates of title for the first ten affected
certificates and one-third of the then-current fee for each
additional affected certificate. This provision shall not apply
to recording fees for deeds of conveyance, with the exception of
deeds given pursuant to sections 515B.2-119 and 515B.3-112.
(f) An amendment to or restatement of a declaration or
bylaws, or an amended CIC plat, approved by the required vote of
unit owners of an association may be recorded without the
necessity of paying the current or delinquent taxes on any of
the units in the common interest community.
(g) The registrar of titles shall not require the filing on
certificates of title previously issued for units in a flexible
common interest community of an amendment to a declaration
pursuant to section 515B.2-111 made solely to add additional
real estate.
Sec. 7. Minnesota Statutes 1994, section 515B.2-104, is
amended to read:
515B.2-104 [DESCRIPTION OF UNITS.]
(a) A description of a unit is legally sufficient if it
sets forth (i) the unit identifier of the unit, (ii) the number
assigned to the common interest community by the recording
officer, and (iii) the county in which the unit is located.
(b) The unit identifier shall be stated in the
declaration. If the CIC plat for a planned community complies
with chapter 505, 508, or 508A, then the declaration shall
designate the lot, block, and subdivision name, or the tract and
registered land survey number, as the unit identifier a
description of a unit in the planned community is legally
sufficient if it is stated in terms of a plat or registered land
survey. Any instrument conveying or asserting an interest in a
unit shall reference the county and the common interest
community number immediately following the name of the plat or
registered land survey. In all other planned communities whose
CIC plats comply with section 515B.2-110(c), and in all
condominiums and cooperatives created under this chapter, a unit
identifier shall contain no more than six characters, only one
of which may be a letter.
(c) A description which conforms to the requirements of
this section shall be deemed to include all rights, obligations,
and interests appurtenant to the unit which were created by the
declaration or bylaws, or by this chapter, whether or not those
rights, obligations, or interests are expressly described.
(d) If the CIC plat for a planned community complies with
section 515B.2-110(c) a description of the common elements is
legally sufficient if it sets forth (i) the words "common
elements," (ii) the number assigned to the common interest
community by the recording officer, and (iii) the county in
which the common elements are located. The common elements may
consist of separate parcels of real estate, in which case each
parcel shall be separately identified on the CIC plat and in any
recorded instrument referencing a separate parcel of the common
elements.
Sec. 8. Minnesota Statutes 1994, section 515B.2-105, is
amended to read:
515B.2-105 [CONTENTS OF DECLARATION; ALL COMMON INTEREST
COMMUNITIES.]
(a) The declaration shall contain:
(1) the number of the common interest community, whether
the common interest community is a condominium, planned
community or cooperative, and the names name of the common
interest community and the association;, which shall appear at
the top of the first page of the declaration in the following
format:
Common Interest Community No. ....
(Type of Common Interest Community)
(Name of Common Interest Community)
(DECLARATION)
(2) a statement that as to whether the common interest
community is either a condominium, cooperative, or planned
community, and whether it is or is not subject to a master
association;
(3) the name of the association, a statement that the
association has been incorporated and a reference to the statute
under which it was incorporated;
(4) a legally sufficient description of the real estate
included in the common interest community, including the name of
the county, and any appurtenant easements;
(5) a description of the boundaries of each unit created by
the declaration and the unit's unit identifier;
(6) in a planned community containing common elements, a
legally sufficient description of the common elements;
(7) in a cooperative, a statement as to whether the unit
owners' interests in all units and their allocated interests are
real estate or personal property;
(8) an allocation to each unit of the allocated interests
in the manner described in section 515B.2-108;
(9) a statement of (i) the total number of units and (ii)
which units will be restricted to residential use and which
units will be restricted to nonresidential use;
(10) a statement of the maximum number of units which may
be created by the subdivision or conversion of units owned by
the declarant pursuant to section 515B.2-112;
(11) any material restrictions on use, occupancy, or
alienation of the units, or on the sale price of a unit or on
the amount that may be received by an owner on sale,
condemnation or casualty loss to the unit or to the common
interest community, or on termination of the common interest
community; provided, that these requirements shall not affect
the power of the association to adopt, amend or revoke rules and
regulations pursuant to section 515B.3-102;
(12) a statement as to whether time shares are permitted;
and
(13) all matters required by sections 515B.1-103(31),
Special Declarant Rights; 515B.2-107, Leaseholds; 515B.2-109,
Common Elements and Limited Common Elements; 515B.2-110, Common
Interest Community Plat; 515B.3-115, Assessments for Common
Expenses; and 515B.2-121, Master Associations.
(b) The declaration may contain any other matters the
declarant considers appropriate.
Sec. 9. Minnesota Statutes 1994, section 515B.2-109, is
amended to read:
515B.2-109 [COMMON ELEMENTS AND LIMITED COMMON ELEMENTS.]
(a) Common elements other than limited common elements may
be used in common by all unit owners. Limited common elements
are designated for the exclusive use of the unit owners of the
unit or units to which the limited common elements are
allocated, subject to subsection (b) and the rights of the
association as set forth in the declaration, the bylaws or this
chapter.
(b) Except for the limited common elements described in
section 515B.2-102, subsections (d) and (f), the declaration
shall specify to which unit or units each limited common element
is allocated.
(c) If the declaration so provides, An allocation of
limited common elements may be changed. The reallocation shall
be accomplished by an amendment to the declaration executed by
the unit owners between or among whose units the reallocation is
made and the association. The unit owners required to execute
the amendment shall submit to the association an application,
including a proposed amendment, for approval shall be approved
by the board of directors of the association as to form, and
compliance with the declaration and this chapter. The
association shall establish fair and reasonable procedures and
time frames for the submission and processing of the
applications reallocations, and shall maintain records thereof.
If approved, the unit owners executing association shall cause
the amendment shall promptly record to be recorded promptly.
The amendment and deliver a copy of the recorded amendment to
the association shall be effective when recorded. The
association may require the unit owners executing the amendment
requesting the reallocation to pay all fees and costs for
reviewing, preparing and recording the amendment and any amended
CIC plat.
Sec. 10. Minnesota Statutes 1994, section 515B.2-110, is
amended to read:
515B.2-110 [COMMON INTEREST COMMUNITY PLAT (CIC PLAT).]
(a) The CIC plat is required for condominiums and planned
communities, and cooperatives in which the unit owners'
interests are characterized as real estate. The CIC plat for a
planned community which does not comply with subsection (c) may
consist of all or part of the subdivision plat satisfying the
requirements of chapter 505, 508, or 508A, and the number of the
common interest community need not appear on the CIC plat. The
CIC plat is a part of the declaration, but need not be
physically attached to the declaration. The CIC plat is
required for condominiums and planned communities, in
condominiums, and in cooperatives in which the unit owners'
interests are characterized as real estate, but need not be
physically attached to the declaration. In cooperatives in
which the unit owners' interests are characterized as personal
property, a CIC plat shall not be required. In lieu of a CIC
plat, the declaration or any amendment to it creating,
converting, or subdividing units in a personal property
cooperative shall include an exhibit containing a scale drawing
of each building, identifying the building, and showing the
perimeter walls of each unit created or changed by the
declaration or the any amendment to it, including the unit's
unit identifier, and its location within the building if the
building contains more than one unit.
(b) The CIC plat for condominiums, for planned communities
using a plat complying with subsection (c), and for cooperatives
in which the unit owners' interests are characterized as real
estate, shall contain certifications by a registered
professional land surveyor and registered professional
architect, as to the parts of the CIC plat prepared by each,
that (i) the CIC plat accurately depicts all information
required by this section, and (ii) the work was undertaken by,
or reviewed and approved by, the certifying land surveyor or
architect. The portions of the CIC plat depicting the
dimensions of the portions of a condominium or cooperative the
common interest community described in subsections (c)(8), (9),
(10), and (12), may be prepared by either a land surveyor or an
architect. The other portions of the CIC plat shall be prepared
only by a land surveyor. Certification by the land surveyor or
architect does not constitute a guaranty or warranty of the
nature, suitability, or quality of construction of any
improvements located or to be located in the common interest
community.
(c) A CIC plat for a condominium or cooperative shall show:
(1) the number of the common interest community, and the
boundaries, dimensions and a legally sufficient description of
the land included therein;
(2) the dimensions and location of all existing, material
structural improvements and roadways;
(3) the intended location and dimensions of any
contemplated common element improvements to be constructed
within the common interest community after the filing of the CIC
plat, labeled either "MUST BE BUILT" or "NEED NOT BE BUILT";
(4) the location and dimensions of any additional real
estate, labeled as such, and a legally sufficient description of
the additional real estate;
(5) the extent of any encroachments by or upon any portion
of the common interest community;
(6) the location and dimensions of all recorded easements
within the common interest community serving or burdening any
portion of the common interest community;
(7) the distance and direction between noncontiguous
parcels of real estate;
(8) the location and dimensions of limited common elements,
for example, storage lockers, porches, balconies, decks and
patios, other than limited common elements described in section
515B.2-102, subsections (b) and (d) and (f);
(9) the location and dimensions of the front, rear, and
side boundaries of each unit and that unit's unit identifier;
(10) the location and dimensions of the upper and lower
boundaries of each unit with reference to an established or
assumed datum and that unit's unit identifier;
(11) a legally sufficient description of any real estate in
which the unit owners will own only an estate for years, labeled
as "leasehold real estate";
(12) any units which may be converted by the declarant to
create additional units or common elements identified separately.
(d) A CIC plat for a planned community either shall comply
with subsection (c) or it shall:
(1) show the number of the common interest community;
(2) satisfy the requirements of chapter 505, 508, or 508A,
as applicable; and
(3) (2) satisfy the platting requirements of any
governmental authority within whose jurisdiction the planned
community is located, subject to the limitations set forth in
section 515B.1-106.
(e) If a declarant adds additional real estate, the
declarant shall record a supplemental CIC plat or plats for the
real estate being added, conforming to the requirements of
subsections (b) and (c) in the case of a condominium or
cooperative, and subsections (b) and (d) in the case of a
planned community this section which apply to the type of common
interest community in question. If less than all additional
real estate is being added, the supplemental CIC plat for a
condominium or cooperative, a planned community whose CIC plat
complies with subsection (c), or a cooperative in which the unit
owners' interests are characterized as real estate, shall also
show the location and dimensions of the remaining portion.
(f) If a declarant subdivides or converts any unit into two
or more units, common elements or limited common elements, the
declarant shall record an amendment to the CIC plat showing the
location and dimensions of any new units, common elements and
limited common elements thus created.
Sec. 11. Minnesota Statutes 1994, section 515B.3-112, is
amended to read:
515B.3-112 [CONVEYANCE OR ENCUMBRANCE OF COMMON ELEMENTS.]
(a) In a condominium or planned community, unless the
declaration provides otherwise, portions of the common elements
may be conveyed or subjected to a security interest by the
association if persons entitled to cast at least 67 percent of
the votes in the association, including 67 percent of the votes
allocated to units not owned by a declarant, or any larger
percentage the declaration specifies, approve that action in
writing or at a meeting; but all unit owners of units to which
any limited common element is allocated must agree in order to
convey that limited common element or subject it to a security
interest. The declaration may specify a smaller percentage only
if all of the units are restricted to nonresidential use.
(b) In a cooperative, unless the declaration provides
otherwise, part of a cooperative may be conveyed, or all or a
part subjected to a security interest, by the association if
persons entitled to cast at least 67 percent of the votes in the
association, including 67 percent of the votes allocated to
units in which the declarant has no interest, or any larger
percentage the declaration specifies, approves that action in
writing or at a meeting. If fewer than all of the units or
limited common elements are to be conveyed or subjected to a
security interest, then all unit owners of those units, or the
units to which those limited common elements are allocated, must
agree in order to convey those units or limited common elements
or subject them to a security interest. The declaration may
specify a smaller percentage only if all of the units are
restricted to nonresidential use. Any purported conveyance or
other voluntary transfer of an entire cooperative is void,
unless made pursuant to section 515B.2-119.
(c) The association, on behalf of the unit owners, may
contract to convey or encumber an interest in the common
elements of a common interest community pursuant to this
subsection, subject to the required approval. After the
approval has been obtained, the association shall have a power
of attorney coupled with an interest to effect the conveyance or
encumbrance on behalf of all unit owners in the common interest
community, including the power to execute deeds, mortgages, or
other instruments of conveyance or security. The instrument
conveying or creating the interest in the common interest
community shall be recorded and shall include as exhibits (i) an
affidavit of the secretary of the association certifying that
the approval required by this section has been obtained and (ii)
a schedule of the names of all unit owners and units in the
common interest community as of the date of the approval.
(d) Except as provided in section 515B.3-102(a)(9), unless
made pursuant to this section, any purported conveyance,
encumbrance, or other voluntary transfer of common elements, or
of any part of a cooperative, is void.
(e) In the case of a conveyance involving a condominium, or
a cooperative in which the unit owners' interests are
characterized as real estate, the association shall record,
simultaneously with the recording of the instrument of
conveyance, an amended CIC plat showing the real estate
constituting the common interest community exclusive of the real
estate conveyed. In all common interest communities, upon
recording of the amended CIC plat instrument of conveyance, the
original CIC plat shall be deemed vacated as to the real estate
conveyed, the declaration, and all rights and obligations
arising therefrom, shall be deemed released and terminated as to
said the real estate and the interests of any secured party
shall be deemed released as to said real estate conveyed.
(f) A conveyance or encumbrance of common elements, or of a
cooperative, pursuant to this section shall not deprive any unit
of its rights of support, reasonable access or utility services.
(g) Except as provided in subsection (a), or unless the
declaration otherwise provides, a conveyance or encumbrance of
common elements pursuant to this section does not affect the
priority or validity of preexisting encumbrances.
(h) Any proceeds of the conveyance or creation of a
security interest under this section are an asset of the
association.
(i) This section shall not apply to any conveyance or
encumbrance of any interest in a proprietary lease.
Sec. 12. Minnesota Statutes 1994, section 515B.3-115, is
amended to read:
515B.3-115 [ASSESSMENTS FOR COMMON EXPENSES.]
(a) If a common expense assessment has not been levied, the
declarant shall pay all accrued expenses of the common interest
community. If a common expense assessment has been levied, all
unit owners including the declarant shall pay the assessments
allocated to their units, except as otherwise permitted by this
section. Subject to the requirements of this section, a
declarant may institute an one, but not both, of the alternative
assessment program programs described in subsections (a)(1) and
(a)(2), whereby:
(1) if a common expense assessment has been levied, the
declarant purchaser shall pay when due only the common expenses
up to a specified limit guaranteed by the declarant, and the
declarant shall pay all common expenses in excess of a specified
guaranty the limit; or
(2) if a common expense assessment has been levied in a
planned community, the declarant may limit its liability for
assessments on units owned by it to 25 percent or any greater
percentage of any assessment levied until such time as a
certificate of occupancy is issued by the municipality in which
the common interest community is located for the unit or units
owned by the declarant.
(b) The alternative assessment programs described in
subsection (a)(1) or (2), shall be permitted only by including
in the declaration, and the disclosure statement required by
section 515B.4-102, provisions authorizing declarant to
establish an alternative assessment program and a detailed
explanation of the program, including at a minimum, as
applicable, (i) the maximum amount of any guaranty on a monthly
and aggregate basis with respect to each type of unit, (ii) the
minimum and maximum duration of the alternative assessment
program, (iii) the time when the declarant's authority to
commence the alternative assessment program expires, which shall
be no later than the expiration of any period of declarant
control, and (iv) a statement that the alternative assessment
program will have no effect on the level of services for items
set forth in the association's budget, or a statement that no
assurances are made in those regards.
(c) Notwithstanding any disclosure in the declaration or
disclosure statement, the declarant shall give the unit owners
at least 60 days prior notice of the termination of the
alternative assessment program, subject to any minimum duration
described in the declaration and disclosure statement.
(d) Any alternative assessment program instituted by
declarant shall not affect declarant's obligation to fund the
reserves disclosed in the association's budget included in the
disclosure statement or otherwise approved by the association.
(e) Any representations or agreements made by a declarant
with respect to an alternative assessment program shall be
enforceable against declarant by any unit owner or by the
association.
(f) After an assessment has been levied by the association,
assessments shall be levied at least annually, based upon a
budget approved at least annually by the association.
(g) Except as modified by subsections (a)(1) and (2), (h),
(i) and (j), all common expenses shall be assessed against all
the units in accordance with the allocations established by the
declaration pursuant to section 515B.2-108.
(h) Unless otherwise required by the declaration:
(1) any common expense associated with the maintenance,
repair, or replacement of a limited common element shall be
assessed against the units to which that limited common element
is assigned, equally, or in any other proportion the declaration
provides;
(2) any common expense or portion thereof benefiting fewer
than all of the units may be assessed exclusively against the
units benefited, equally, or in any other proportion the
declaration provides;
(3) the costs of insurance may be assessed in proportion to
risk or coverage, and the costs of utilities may be assessed in
proportion to usage;
(4) reasonable attorneys fees incurred by the association
in connection with (i) the collection of assessments and, (ii)
the enforcement of this chapter, the articles, bylaws,
declaration, or rules and regulations, against a unit owner, may
be assessed against the unit owner's unit; and
(5) fees, charges, late charges, fines and interest may be
assessed as provided in section 515B.3-116(a).
(i) Assessments levied under section 515B.3-116 to pay a
judgment against the association may be levied only against the
units in the common interest community at the time the judgment
was entered, in proportion to their common expense liabilities.
(j) If any damage to the common elements or another unit is
caused by the act or omission of any unit owner, or occupant of
a unit, or their invitees, the association may assess the costs
of repairing the damage exclusively against the unit owner's
unit to the extent not covered by insurance.
(k) Subject to any shorter period specified by the
declaration or bylaws, if any installment of an assessment
becomes more than 60 days past due, then the association may,
upon ten days written notice to the unit owner, declare the
entire amount of the assessment immediately due and payable in
full.
(l) If common expense liabilities are reallocated for any
purpose authorized by this chapter, common expense assessments
and any installment thereof not yet due shall be recalculated in
accordance with the reallocated common expense liabilities.
Sec. 13. Minnesota Statutes 1994, section 582.25, is
amended to read:
582.25 [MORTGAGES; VALIDATING FORECLOSURE SALES.]
Every mortgage foreclosure sale by advertisement in this
state before the date specified in clause (A) of section 582.27,
under power of sale in the usual form contained in any mortgage
duly executed and recorded in the office of the county recorder
or registered with the registrar of titles of the proper county
of this state, together with the record of such foreclosure
sale, is, after expiration of the period specified in section
582.27, hereby legalized and made valid and effective to all
intents and purposes, as against any or all of the following
objections:
(1) That the power of attorney, recorded or filed in the
proper office prior to the date specified in section 582.27 to
foreclose the mortgage, provided for by section 580.05:
(a) Did not definitely describe and identify the mortgage,
(b) Did not definitely describe and identify the mortgage,
but instead described another mortgage between the same parties,
(c) Did not have the corporate seal affixed thereto, if
executed by a corporation,
(d) Had not been executed and recorded or filed prior to
sale, or had been executed prior to, but not recorded or filed
until after such sale,
(e) Was executed subsequent to the date of the printed
notice of sale or subsequent to the date of the first
publication of such notice;
(2) That no power of attorney to foreclose such mortgage as
provided in section 580.05, was ever given, or recorded, or
registered, when sale was made in this state prior to the date
specified in section 582.27;
(3) That the notice of sale:
(a) Was published only three, four or five times, or that
it was published six times but not for six weeks prior to the
date of sale,
(b) Properly described the property to be sold in one or
more of the publications thereof but failed to do so in the
other publications thereof, the correct description having been
contained in the copy of said notice served on the occupant of
the premises,
(c) Correctly stated the date of the month and hour and
place of sale but named a day of the week which did not fall on
the date given for such sale, or failed to state or state
correctly the year of such sale,
(d) Correctly described the real estate but omitted the
county and state in which said real estate is located,
(e) Correctly described the land by government subdivision,
township and range, but described it as being in a county other
than that in which said mortgage foreclosure proceedings were
pending, and other than that in which said government
subdivision was actually located,
(f) Did not state the amount due or failed to state the
correct amount due or claimed to be due,
(g) Incorrectly stated the municipal status of the place
where the sale was to occur,
(h) In one or more of the publications thereof, or in the
notice served on the occupant or occupants designated either a
place or a time of sale other than that stated in the
certificate of sale,
(i) Failed to state the names of one or more of the
assignees of the mortgage and described the subscriber thereof
as mortgagee instead of assignee,
(j) Failed to state or incorrectly stated the name of the
mortgagor, the mortgagee, or assignee of mortgagee,
(k) Was not served upon persons whose possession of the
mortgaged premises was otherwise than by their personal presence
thereon, if a return or affidavit was recorded or filed as a
part of the foreclosure record that at a date at least four
weeks prior to the sale the mortgaged premises were vacant and
unoccupied,
(l) Was not served upon all of the parties in possession of
the mortgaged premises, provided it was served upon one or more
of such parties,
(m) Was not served upon the persons in possession of the
mortgaged premises, if, at least two weeks before the sale was
actually made, a copy of the notice was served upon the owner in
the manner provided by law for service upon the occupants, or
the owner received actual notice of the proposed sale,
(n) Gave the correct description at length, and an
incorrect description by abbreviation or figures set off by the
parentheses, or vice versa,
(o) Was served personally upon the occupants of the
premises as such, but said service was less than four weeks
prior to the appointed time of sale,
(p) Did not state the original principal amount secured, or
failed to state the correct original principal amount secured;
(4) That distinct and separate parcels of land were sold
together as one parcel and to one bidder for one bid for the
whole as one parcel;
(5) That no authenticated copy of the order appointing, or
letters issued to a foreign representative of the estate of the
mortgagee or assignee, was properly filed or recorded, provided
such order or letters have been filed or recorded in the proper
office prior to the date specified in section 582.27 one year
after the last day of the redemption period of the mortgagor,
the mortgagor's personal representatives or assigns;
(6) That every a holder of a mortgage foreclosure sale by
advertisement by was a representative appointed by a court of
competent jurisdiction in another state or county in which
before the foreclosure sale an authenticated copy of the
representative's letters or other record of authority has been
were filed for record in the office of the county recorder of
the proper county but no certificate was filed and recorded
therewith showing that said letters or other record of authority
were still in force, is hereby legalized and made valid and
effective to all intents and purposes notwithstanding such
omission;
(7) (a) That said mortgage was assigned by a decree of a
probate court in which decree the mortgage was not specifically
or sufficiently described,
(b) That the mortgage foreclosed had been assigned by the
final decree of the probate court to the heirs, devisees, or
legatees of the deceased mortgagee, or the mortgagee's assigns,
and subsequent thereto and before the representative of the
estate had been discharged by order of the probate court, the
representative had assigned the mortgage to one of the heirs,
devisees, or legatees named in such final decree, and such
assignment placed on record and the foreclosure proceedings
conducted in the name of such assignee and without any
assignment of the mortgage from the heirs, devisees, or legatees
named in such final decree, and the mortgaged premises bid in at
the sale by such assignee, and the sheriff's certificate of
sale, with accompanying affidavits recorded in the office of the
county recorder of the proper county,
(c) That a mortgage owned by joint tenants or tenants in
common was foreclosed by only one tenant;
(8) That the sheriff's certificate of sale or the
accompanying affidavits and return of service were not executed,
filed or recorded within 20 days after the date of sale, but
have been executed and filed or recorded prior to the date
specified in section 582.27 the last day of the redemption
period of the mortgagor, the mortgagor's personal
representatives or assigns;
(9) That the year, or the month, or the day, or the hour of
the sale is omitted or incorrectly or insufficiently stated in
the notice of sale or the sheriff's certificate of sale;
(10)(a) That prior to the foreclosure no registration tax
was paid on the mortgage, provided such tax had been paid prior
to the date specified in section 582.27 one year after the last
day of the redemption period of the mortgagor, the mortgagor's
personal representatives or assigns,
(b) That an insufficient registration tax has been paid on
the mortgage;
(11) That the date of the mortgage or any assignment
thereof or the date, the month, the day, hour, book, and page,
or document number of the record or filing of the mortgage or
any assignment thereof, in the office of the county recorder or
registrar of titles is omitted or incorrectly or insufficiently
stated in the notice of sale or in any of the foreclosure
papers, affidavits or instruments;
(12) That the notice of mortgage foreclosure sale or
sheriff's certificate of sale designated the place of sale as
the office of a county official located in the court house of
the county when such office was not located in such court house;
(13) That no notice of the pendency of the proceedings to
enforce or foreclose the mortgage as provided in section 508.57,
was filed with the registrar of titles or no memorial thereof
was entered on the register at the time of or prior to the
commencement of such proceedings; or that when required by
section 508.57, the notice of mortgage foreclosure sale failed
to state the fact of registration;
(14) That the power of attorney to foreclose or the notice
of sale was signed by the person who was the representative of
an estate, but failed to state or correctly state the person's
representative capacity;
(15) That the complete description of the property
foreclosed was not set forth in the sheriff's certificate of
sale, if said certificate correctly refers to the mortgage by
book and page numbers or document number and date of filing and
the premises are accurately described in the printed notice of
sale annexed to said foreclosure sale record containing said
sheriff's certificate of sale;
(16) That the date of recording of the mortgage was
improperly stated in the sheriff's certificate of mortgage
foreclosure sale, the mortgage being otherwise properly
described in said sheriff's certificate of mortgage foreclosure
sale and said certificate of mortgage foreclosure sale further
referring to the printed notice of mortgage foreclosure sale
attached to said sheriff's certificate of mortgage foreclosure
sale in which printed notice the mortgage and its recording was
properly described;
(17) That prior to the first publication of the notice of
sale in foreclosure of a mortgage by advertisement, an action or
proceeding had been instituted for the foreclosure of said
mortgage or the recovery of the debt secured thereby and such
action or proceeding had not been discontinued;
(18) That at the time and place of sale the sheriff
considered and accepted a bid submitted prior to the date of the
sale by the owner of the mortgage and sold the mortgaged
premises for the amount of such bid, no other bid having been
submitted, and no one representing the owner of the mortgage
being present at the time and place of sale;
(19) That such sale was postponed by the sheriff to a date
or time subsequent to the one specified in the notice of sale
but there was no publication or posting of a notice of such
postponement;
(20) That there was not recorded with letters or other
record of authority issued to a representative appointed by a
court of competent jurisdiction in another state or county, a
certificate that said letters or other record of authority were
still in force and effect;
(21) That the sheriff's affidavit of sale correctly stated
in words the sum for which said premises were bid in and
purchased by the mortgagee, but incorrectly stated the same in
figures immediately following the correct amount in words.;
(22) That the notice of pendency of the foreclosure as
required by section 580.032 was not filed for record before the
first date of publication of the foreclosure notice, but was
filed before the date of sale.
Sec. 14. Minnesota Statutes 1994, section 582.27, is
amended to read:
582.27 [EFFECTIVE DATES FOR APPLICATION OF CURATIVE
PROVISIONS.]
Subdivision 1. [SECTION 582.25.] The following schedule
specifies the dates to be applied to Upon expiration of the
periods specified in this section, the provisions of section
582.25 apply to a mortgage foreclosure sale subject to this
section:
(A) as to the general provision all of the provisions of
section 582.25, April 1, 1991 except clause (2), one year after
the last day of the redemption period of the mortgagor, the
mortgagor's personal representatives or assigns;
(B) as to clause (1), April 16, 1992;
(C) as to clause (2), January 1, 1982 ten years after the
date of the foreclosure sale;
(D) as to clause (5), April 16, 1992;
(E) as to clause (8), April 16, 1992;
(F) as to clause (10) (a), April 16, 1992.
Subd. 2. [SECTION 582.26.] The date of the report of sale
to which section 582.26 applies is April 16, 1992 one year after
the date of the foreclosure sale.
Subd. 3. [PENDING AND NEWLY COMMENCED ACTIONS.] The
provisions of sections 582.25 to 582.27 shall not affect any
action or proceeding pending on August 1, 1989, or which shall
be commenced before February 1, 1990, in any of the courts of
the state, involving the validity of such foreclosure. Laws
1992, chapter 463, does not affect any proceeding pending on
August 1, 1992, or commenced before February 1, 1993, in any of
the courts of the state, involving the validity of the
foreclosure.
The amendments to the provisions of sections 582.25 to
582.27 by this act shall not affect any action pending on August
1, 1995, or which shall be commenced before February 1, 1996, in
any of the courts of the state, involving the validity of a
foreclosure.
Sec. 15. [EFFECTIVE DATE.]
Sections 4 to 12 are effective June 1, 1995.
Sections 13 and 14 take effect the day after final
enactment.
Presented to the governor April 24, 1995
Signed by the governor April 25, 1995, 2:16 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes