SF 339

as introduced - 89th Legislature (2015 - 2016) Posted on 03/09/2016 09:21am

A bill for an act
relating to real property; creating an Office of Ombudsman for common interest
communities; creating a common interest community court calendar program;
providing for resolution of common interest community disputes; requiring
alternative dispute resolution in certain cases; providing for recovery of attorney
fees; increasing recording fees; appropriating money; amending Minnesota
Statutes 2014, sections 357.18, subdivision 1; 508.82, subdivision 1; 508A.82,
subdivision 1; 515B.3-106; 515B.4-116; proposing coding for new law in
Minnesota Statutes, chapters 45; 484; 515B.

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

ARTICLE 1

GENERAL

Section 1.

new text begin [45.0136] OFFICE OF OMBUDSMAN FOR COMMON INTEREST
COMMUNITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The commissioner shall establish a common interest
community ombudsman office with the powers and duties prescribed in this section. The
commissioner shall appoint an ombudsman who is an attorney and has experience with
chapter 515B (Minnesota Common Interest Ownership Act).
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The common interest community ombudsman shall:
new text end

new text begin (1) assist unit owners in understanding their rights and responsibilities under the
laws governing common interest communities and their governing documents;
new text end

new text begin (2) assist common interest community associations and boards in carrying out their
duties;
new text end

new text begin (3) answer inquiries from members of the public regarding common interest
communities;
new text end

new text begin (4) when appropriate, investigate disputes arising under chapter 515B and governing
documents, assist in resolving disputes, and provide advisory opinions regarding the
rights and responsibilities of the parties; and
new text end

new text begin (5) provide referrals to public and private agencies offering dispute resolution
services.
new text end

Sec. 2.

new text begin [484.016] COMMON INTEREST COMMUNITY CALENDAR
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; jurisdiction. new text end

new text begin (a) A program is established in the
Second and Fourth Judicial Districts to hear and determine matters related to disputes
involving rights, duties, or liabilities of unit owners and associations under chapter 515B
(Minnesota Common Interest Ownership Act) and governing documents of a common
interest community or association.
new text end

new text begin (b) Outside the Second and Fourth Judicial Districts, a district court may establish
the program described in paragraph (a) in counties that it specifies in the district.
new text end

new text begin Subd. 2. new text end

new text begin Referee. new text end

new text begin (a) The chief judge of district court may appoint a referee for the
common interest community calendar program. The referee must be learned in the law.
The referee must be compensated according to the same scale used for other referees in
the district court. Section 484.70, subdivision 6, applies to the program.
new text end

new text begin (b) The common interest community program referee shall:
new text end

new text begin (1) hear and report all matters within the jurisdiction of the program and as may be
directed to the referee by the chief judge; and
new text end

new text begin (2) recommend findings of fact, conclusions of law, temporary and interim orders,
and final orders for judgment.
new text end

new text begin Recommended orders and findings of the referee are subject to confirmation by a judge.
new text end

new text begin Subd. 3. new text end

new text begin Transmittal of court file; confirmation. new text end

new text begin Upon the conclusion of the
hearing in each case, the referee shall transmit the court file and the referee's recommended
findings and orders in writing to a district court judge. The recommended findings and
orders of the referee become the findings and orders of the court when confirmed by the
district court judge. The order of the court is proof of the confirmation.
new text end

new text begin Subd. 4. new text end

new text begin Review of referee orders. new text end

new text begin Review of a recommended order or finding
of the referee by a district court judge may be had by notice served and filed within ten
days of effective notice of the recommended order or finding. The notice of review
must specify the grounds for the review and the specific provisions of the recommended
findings or orders disputed. Upon receipt of the notice of review, the district court judge
shall set a time and place for the review hearing.
new text end

new text begin Subd. 5. new text end

new text begin Procedures; filing fee. new text end

new text begin (a) The chief judge of the district must establish
simplified procedures for implementation of the program, including designation of a
location for the hearings. The chief judge may also appoint other staff as necessary for the
program.
new text end

new text begin (b) The filing fee for actions governed by this section is the same as the filing fee for
conciliation court actions under section 357.022.
new text end

Sec. 3.

Minnesota Statutes 2014, section 515B.3-106, is amended to read:

515B.3-106 BYLAWS; ANNUAL REPORT.

(a) A common interest community shall have bylaws which comply with this
chapter and the statute under which the association is incorporated. The bylaws and
any amendments may be recorded, but need not be recorded to be effective unless so
provided in the bylaws.

(b) The bylaws shall provide that, in addition to any statutory requirements:

(1) A meeting of the members shall be held at least once each year, and a specified
officer of the association shall give notice of the meeting as provided in section 515B.3-108.

(2) An annual report shall be prepared by the association and a copy of the report
shall be provided to each unit owner at or prior to the annual meeting.

(c) The annual report shall contain at a minimum:

(1) a statement of any capital expenditures in excess of two percent of the current
budget or $5,000, whichever is greater, approved by the association for the current fiscal
year or succeeding two fiscal years;

(2) a statement of the association's total replacement reserves, the components of
the common interest community for which the reserves are set aside, and the amounts of
the reserves, if any, that the board has allocated for the replacement of each of those
components;

(3) a copy of the statement of revenues and expenses for the association's last fiscal
year, and a balance sheet as of the end of said fiscal year;

(4) a statement of the status of any pending litigation or judgments to which the
association is a party;

(5) a detailed description of the insurance coverage provided by the association
including a statement as to which, if any, of the items referred to in section 515B.3-113,
subsection (b), are insured by the association; and

(6) a statement of the total past due assessments on all units, current as of not more
than 60 days prior to the date of the meeting.

new text begin (d) The annual report must be accompanied by:
new text end

new text begin (1) a description of a dispute resolution procedure established by the association
under section 515B.3-122 or, if a procedure is not established, a description of the meet
and confer process under section 515B.3-123; and
new text end

new text begin (2) a summary of the alternative dispute resolution requirements of section
515B.3-124 that includes the following statement: "Failure of a unit owner to comply
with the alternative dispute resolution requirements of Minnesota Statutes, section
515B.3-124, may result in the loss of the right to sue the association or another unit owner
for enforcement of applicable law or governing documents."
new text end

Sec. 4.

new text begin [515B.3-122] DISPUTE RESOLUTION PROCEDURE.
new text end

new text begin (a) This section applies to a dispute between an association and a unit owner
involving their rights, duties, or liabilities under this chapter or under the governing
documents of the common interest community or association. This section supplements,
and does not replace, section 515B.3-124, relating to alternative dispute resolution as
a prerequisite to an enforcement action.
new text end

new text begin (b) An association shall establish a fair, reasonable, and expeditious procedure
for resolving a dispute within the scope of this section. In developing a procedure, an
association shall make maximum, reasonable use of available local dispute resolution
programs involving a neutral third party, including community dispute resolution
programs under chapter 494 and other low-cost mediation programs such as those listed
on the Internet Web sites of the Department of Consumer Affairs and the United States
Department of Housing and Urban Development. If an association does not establish
a procedure for resolving a dispute within the scope of this section, the process under
section 515B.3-123 applies.
new text end

new text begin (c) At a minimum, a procedure established under this section must satisfy the
following requirements:
new text end

new text begin (1) the procedure may be requested in writing by either party to the dispute;
new text end

new text begin (2) the procedure must provide for prompt deadlines and state the maximum time
for the association to act on a request for the procedure;
new text end

new text begin (3) if the procedure is requested by a unit owner, the association must participate;
new text end

new text begin (4) if the procedure is requested by the association, the unit owner may elect not
to participate;
new text end

new text begin (5) if the unit owner participates but the dispute is resolved other than by agreement
of the unit owner, the unit owner may appeal to the association's board;
new text end

new text begin (6) a resolution of a dispute agreed to and signed by the parties binds the parties and
is judicially enforceable;
new text end

new text begin (7) the procedure must include a means by which the unit owner and the association
may explain their positions; and
new text end

new text begin (8) a unit owner may not be charged a fee to participate in the procedure.
new text end

Sec. 5.

new text begin [515B.3-123] MEET AND CONFER PROCESS.
new text end

new text begin (a) This section applies if an association does not otherwise establish a fair,
reasonable, and expeditious dispute resolution procedure under section 515B.3-122. Either
party to a dispute within the scope of section 515B.3-122 may request in writing that the
other party meet and confer in an effort to resolve the dispute. A unit owner may refuse a
request to meet and confer. The association may not refuse a request to meet and confer.
new text end

new text begin (b) The board shall designate a member of the board to meet and confer. The parties
shall meet promptly at a mutually convenient time and place, explain their positions to
each other, and confer in good faith in an effort to resolve the dispute.
new text end

new text begin (c) A resolution of the dispute agreed to and signed by the parties, including the
board designee acting on behalf of the association, binds the parties and is judicially
enforceable if the resolution is consistent with the authority granted by the board to its
designee or is ratified by the board.
new text end

new text begin (d) A unit owner may not be charged a fee to participate in the process.
new text end

Sec. 6.

new text begin [515B.3-124] ALTERNATIVE DISPUTE RESOLUTION REQUIRED.
new text end

new text begin (a) For purposes of this section:
new text end

new text begin (1) "alternative dispute resolution" means mediation, arbitration, conciliation, or
other nonjudicial procedure that involves a neutral party in the decision-making process.
The form of alternative dispute resolution chosen under this section may be binding or
nonbinding with the consent of the parties; and
new text end

new text begin (2) "enforcement action" means a civil action or proceeding, other than a
cross-complaint, involving rights, duties, or liabilities under this chapter or the governing
documents of a common interest community or association.
new text end

new text begin (b) An association or unit owner may not commence an enforcement action in
district court unless the parties have endeavored to submit their dispute to alternative
dispute resolution under this section. This section applies only to an enforcement
action that is solely for declaratory or injunctive relief, or for that relief in conjunction
with a claim for monetary damages not in excess of the jurisdictional limits under
section 491A.01. Except as otherwise provided by law, this section does not apply to an
assessment dispute that does not involve an assessment for a fine or to an action to enforce
an agreement under section 515B.3-122 or 515B.3-123.
new text end

new text begin (c) A party to a dispute may initiate the process required by this section by serving
on the other parties to the dispute a request for resolution. The request for resolution
must include:
new text end

new text begin (1) a brief description of the dispute;
new text end

new text begin (2) a request for alternative dispute resolution;
new text end

new text begin (3) a notice that the party receiving the request for resolution is required to respond
within 30 days of receipt or the request will be deemed rejected; and
new text end

new text begin (4) if the party on whom the request is served is a unit owner, a copy of this section.
new text end

new text begin Service of the request for resolution may be by personal delivery, first-class mail, express
mail, facsimile transmission, or other means reasonably calculated to provide the party on
whom the request is served actual notice of the request. A party on whom a request for
resolution is served has 30 days following service to accept or reject the request. If a party
does not accept the request within that period, the request is deemed rejected by the party.
new text end

new text begin (d) If the party on whom a request for resolution is served accepts the request, the
parties shall complete the alternative dispute resolution within 90 days after the party
initiating the request receives the acceptance, unless this period is extended by written
stipulation signed by all parties. The costs of the alternative dispute resolution must
be borne by the parties.
new text end

new text begin (e) The statute of limitations for commencing an enforcement action is tolled during
the following periods:
new text end

new text begin (1) the period provided in subsection (c) for response to a request for resolution; and
new text end

new text begin (2) if the request for resolution is accepted, the period provided by subsection (d) for
completion of alternative dispute resolution, including any extension of time stipulated to
by the parties.
new text end

new text begin (f) A party commencing an enforcement action shall include and file with the initial
pleading a certificate stating that one or more of the following conditions is satisfied:
new text end

new text begin (1) alternative dispute resolution has been completed in compliance with this section
or a request for resolution was rejected by the other party;
new text end

new text begin (2) one of the other parties to the dispute did not accept the terms offered for
alternative dispute resolution; or
new text end

new text begin (3) preliminary or temporary injunctive relief is necessary or there is an immediate
threat of irreparable harm.
new text end

new text begin Failure to file a certificate is grounds for dismissal unless the court finds that dismissal of
the action for failure to comply with this section would result in substantial prejudice to
one of the parties.
new text end

new text begin (g) In an enforcement action in which fees and costs may be awarded pursuant
to section 515B.4-116, the court, in determining the amount of the award, may
consider whether a party's refusal to participate in alternative dispute resolution before
commencement of the action was reasonable.
new text end

Sec. 7.

Minnesota Statutes 2014, section 515B.4-116, is amended to read:

515B.4-116 RIGHTS OF ACTION; ATTORNEY'S FEES.

(a) In addition to any other rights to recover damages, attorney's fees, costs or
expenses, whether authorized by this chapter or otherwise, if a declarant, an association, or
any other person violates any provision of this chapter, or any provision of the declaration,
bylaws, or rules and regulations any person or class of persons adversely affected by the
failure to comply has a claim for appropriate relief. The association shall have standing to
pursue claims on behalf of the unit owners of two or more units.

(b) The court may award reasonable attorney's fees and costs of litigation to the
prevailing party. new text begin The court shall award reasonable attorney fees and costs to the prevailing
party in an action to enforce an agreement under section 515B.3-122 or 515B.3-123 or
to a unit owner who is the prevailing party in an action arising out of the failure of an
association to comply with section 515B.3-107, subsection (a). new text end Punitive damages may be
awarded for a willful failure to comply.

(c) The remedies provided for under this chapter are not exclusive and do not
abrogate any remedies under other statutes or the common law, notwithstanding whether
those remedies are referred to in this chapter.

ARTICLE 2

FEES AND APPROPRIATIONS

Section 1.

Minnesota Statutes 2014, section 357.18, subdivision 1, is amended to read:

Subdivision 1.

County recorder fees.

new text begin (a) new text end The fees to be charged by the county
recorder shall be and not exceed the following:

(1) for indexing and recording any deed or other instrument a fee of $46; $10.50
shall be paid to the state treasury and credited to the general fund; $10 shall be deposited
in the technology fund pursuant to subdivision 4; and $25.50 shall be deposited in the
county general fund;

(2) for documents containing multiple assignments, partial releases or satisfactions a
fee of $46; if the document cites more than four recorded instruments, an additional fee of
$10 for each additional instrument cited over the first four citations;

(3) for certified copies of any records or papers, $10;

(4) for a noncertified copy of any instrument or writing on file or recorded in the
office of the county recorder, 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;

(5) for an abstract of title, the fees shall be determined by resolution of the county
board duly adopted upon the recommendation of the county recorder, and the fees shall
not exceed $10 for every entry, $100 for abstract certificate, $1 per page for each exhibit
included within an abstract as a part of an abstract entry, and $5 per name for each
required name search certification;

(6) for a copy of an official plat filed pursuant to section 505.08, the fee shall be $10
and an additional $5 shall be charged for the certification of each plat;

(7) for filing an amended floor plan in accordance with chapter 515, an amended
condominium plat in accordance with chapter 515A, or a common interest community
plat or amendment complying with section 515B.2-110, subsection (c), the fee shall be 50
cents per apartment or unit with a minimum fee of deleted text begin $56 deleted text end new text begin $....... new text end ;

(8) for a copy of a floor plan filed pursuant to chapter 515, a copy of a condominium
plat filed in accordance with chapter 515A, 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, condominium plat or common interest community plat with a minimum
fee of deleted text begin $10 deleted text end new text begin $....... new text end ;

(9) for recording any plat, a fee of $56, of which $10.50 must be paid to the state
treasury and credited to the general fund, $10 must be deposited in the technology fund
pursuant to subdivision 4, and $35.50 must be deposited in the county general fund; and

(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 county recorder shall return it marked
"copy" or "duplicate," showing the recording date and, if available, the document number
assigned to the original.

new text begin (b) Of the fee collected under paragraph (a), clauses (7) and (8), the county recorder
must pay $....... to the commissioner of management and budget to be deposited in the
special revenue fund, which is appropriated to the commissioner of commerce for the
common interest community ombudsman office under section 45.0136.
new text end

Sec. 2.

Minnesota Statutes 2014, 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 4; 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 4; 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 4;

(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, other than a CIC plat complying with section
515B.2-110, paragraph (c), 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 4; 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;

(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. 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 4;

(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 CICCT pursuant to section 508.351, $40;

(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 deleted text begin $56 deleted text end new text begin $....... new text end 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. 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 new text begin , and
$....... shall be paid to the state treasury and deposited in the special revenue fund, which
is appropriated to the commissioner of commerce for the common interest community
ombudsman office under section 45.0136 new text end ;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4;

(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 deleted text begin $10 deleted text end new text begin $....... new text end ;

(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 4; 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 4; 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.

Sec. 3.

Minnesota Statutes 2014, section 508A.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),
(5), (12), (14), (16), and (19) 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 CPT, including issuing a copy of it, $46. Pursuant to clause
(1), distribution of the 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 4; 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 CPT is issued and for the registration of the new CPT, including a copy of it, $46.
Pursuant to clause (1), distribution of the 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 4; and

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

(4) for issuance of a CICCT pursuant to section 508A.351, $40;

(5) for the entry of each memorial on a CPT, $46; for multiple certificate entries, $20
thereafter. Pursuant to clause (1), distribution of the 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 4;

(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;

(6) for issuing each residue CPT, $40;

(7) for exchange CPTs or combined certificates of title, $20 for each CPT and
certificate of title canceled and $20 for each new CPT or combined certificate of title issued;

(8) for each CPT showing condition of the register, $50;

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

(10) for a noncertified copy of any CPT, 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;

(11) 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;

(12) for filing two copies of any plat in the office of the registrar, $56. Pursuant to
clause (1), distribution of the 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 4; and

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

(13) for any other service under sections 508A.01 to 508A.85, the fee the court
shall determine;

(14) for filing an amendment to a declaration in accordance with chapter 515, $46
for each certificate upon which the document is registered and for multiple certificate
entries, $20 thereafter; $56 for an amended floor plan filed in accordance with chapter
515. Pursuant to clause (1), distribution of the 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 4;

(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;

(15) for issuance of a CICCT pursuant to section 508.351, $40;

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

(i) $12 shall be paid to the state treasury and credited to the general fund new text begin , and
$....... shall be paid to the state treasury and deposited in the special revenue fund, which
is appropriated to the commissioner of commerce for the common interest community
ombudsman office under section 45.0136 new text end ;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4;

(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;

(17) 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 deleted text begin $10 deleted text end new text begin $....... new text end ;

(18) in counties in which the compensation of the examiner of titles is paid in the same
manner as the compensation of other county employees, for each parcel of land contained
in the application for a CPT, as the number of parcels is determined by the examiner, a fee
which is reasonable and which reflects the actual cost to the county, established by the
board of county commissioners of the county in which the land is located;

(19) for filing a registered land survey in triplicate in accordance with section
508A.47, subdivision 4, $56. Pursuant to clause (1), distribution of the 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 4; and

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

(20) for furnishing a certified copy of a registered land survey in accordance with
section 508A.47, subdivision 4, $15.