1997 Minnesota Statutes

     515B.2-101 Creation of common interest communities. 

    (a) A common interest community may be created only as 
 follows: 

    (1) A condominium may be created only by recording a 
 declaration. 

    (2) A cooperative may be created only by recording a 
 declaration and by recording a conveyance of the real estate 
 subject to that declaration to the association. 

    (3) A planned community which includes common elements may 
 be created only by recording a declaration and by recording a 
 conveyance of the common elements subject to that declaration to 
 the association. 

    (4) A planned community without common elements may be 
 created only by recording a declaration. 

    (b) Except as otherwise expressly provided in this chapter, 
 the declaration shall be executed by all persons whose interests 
 in the real estate will be conveyed to unit owners, except 
 vendors under contracts for deed, and by every lessor of a lease 
 the expiration or termination of which will terminate the common 
 interest community.  The declaration shall be recorded in every 
 county in which any portion of the common interest community is 
 located.  Failure of any party not required to execute a 
 declaration, but having a recorded interest in the common 
 interest community, to join in the declaration shall have no 
 effect on the validity of the common interest community; 
 provided that the party is not bound by the declaration until 
 that party acknowledges the existence of the common interest 
 community in a recorded instrument. 

    (c) In a condominium or real estate cooperative, a 
 declaration, or an amendment to a declaration adding units, may 
 not be recorded unless all structural components and mechanical 
 systems of all buildings containing or comprising any units 
 thereby created, but not necessarily the units, are 
 substantially completed, as evidenced by a recorded certificate 
 executed by a registered engineer or architect. 

    (d) A project which meets the definition of a "common 
 interest community" in section 515B.1-103(10), and is not exempt 
 under section 515B.1-102(e), is subject to this chapter even if 
 this or other sections of the chapter have not been complied 
 with, and the declarant and all unit owners are bound by all 
 requirements and obligations of this chapter. 

    HIST: 1993 c 222 art 2 s 1