515B.2-111 Expansion of flexible common interest community.
(a) To add additional real estate pursuant to a right reserved under section 515B.2-106(1), all persons whose interests in the additional real estate will be conveyed to unit owners, except vendors under a contract for deed, shall execute and record an amendment to the declaration as provided in this section. The amendment to the declaration shall:
(1) assign a unit identifier to each unit formed in the additional real estate;
(2) reallocate common element interests, votes in the association, and common expense liabilities in compliance with the declaration and section 515B.2-108;
(3) describe any limited common elements formed out of the additional real estate, designating the unit to which each is allocated to the extent required by section 515B.2-109;
(4) contain such other provisions as may be reasonably required by the association; and
(5) conform to the applicable requirements of the declaration and the act.
(b) A declarant shall give notice of its intention to add additional real estate as follows:
(1) If the period of declarant control has expired, to the association in the same manner as service of summons in a civil action in district court at least 15 days prior to recording the amendment. A copy of the amendment shall be attached to the notice.
(2) If the period of declarant control has not expired, to the unit owners by notice (one notice per unit) given in the manner provided in section 515B.1-115, not less than 15 days prior to recording the amendment, addressed to "Unit Owner Entitled to Legal Notice" at each unit or to the unit owner at such other address as may be designated by notice from the unit owner. The declarant shall provide a copy of the amendment at no cost to any unit owner within five business days of the unit owner's request, and the notice shall include a statement to that effect.
(3) Proof of notice to the association or the unit owners, as the case may be, shall be attached to the recorded amendment. Following service of notice, the amendment shall not be changed so as to materially and adversely affect the rights of unit owners or the association.
(c) A lien upon the additional real estate that is not also upon the existing common interest community is a lien only upon the units, and their respective interest in the common elements (if any), that are created from the additional real estate. Units within the common interest community as it existed prior to expansion are transferred free of liens that existed only upon the additional real estate, notwithstanding the fact that the interest in the common elements is a portion of the entire common interest community, including the additional real estate.
HIST: 1993 c 222 art 2 s 11
Official Publication of the State of Minnesota
Revisor of Statutes