2002 Minnesota Statutes

     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 in accordance 
 with section 508.351 or 508A.351. 

    (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 a recorded document relating to a common interest community 
 purports to require a certain vote or signatures approving any 
 restatement or amendment of the document by a certain number or 
 percentage of unit owners or secured parties, and if the 
 amendment or restatement is to be recorded pursuant to this 
 chapter, an affidavit of the president or secretary of the 
 association stating that the required vote or signatures have 
 been obtained shall be attached to the document to be recorded 
 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) Except as permitted under this subsection, a recording 
 officer shall not file or record a declaration creating a new 
 common interest community, unless the county treasurer has 
 certified that the property taxes payable in the current year 
 for the real estate included in the proposed common interest 
 community have been paid.  This certification is in addition to 
 the certification for delinquent taxes required by section 
 272.12.  In the case of preexisting common interest communities, 
 the recording officer shall accept, file, and record the 
 following instruments, without requiring a certification as to 
 the current or delinquent taxes on any of the units in the 
 common interest community:  (i) a declaration subjecting the 
 common interest community to this chapter; (ii) a declaration 
 changing the form of a common interest community pursuant to 
 section 515B.2-123; or (iii) an amendment to or restatement of 
 the declaration, bylaws, or CIC plat.  In order for the 
 instruments to be accepted and recorded under the preceding 
 sentence, the assessor must certify or otherwise inform the 
 recording officer that, for taxes payable in the current year, 
 the assessor has allocated taxable values to each unit or has 
 separately assessed each unit. 

    HIST: 1993 c 222 art 1 s 16; 1994 c 388 art 4 s 4; 1995 c 92 s 
 6; 1997 c 84 art 1 s 6; 1999 c 11 art 2 s 3; 2000 c 320 s 4; 
 2001 c 50 s 28