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515B.2-102 Unit boundaries.

(a) The declaration shall describe the boundaries of the units as provided in section 515B.2-105(5). The boundaries need not be delineated by a physical structure. The unit may consist of noncontiguous portions of the common interest community.

(b) In a condominium or cooperative, except as the declaration otherwise provides, if the walls, floors, or ceilings of a unit are designated as its boundaries, then the boundaries shall be the interior, unfinished surfaces of the perimeter walls, floors and ceilings of the unit. All paneling, tiles, wallpaper, paint, floor covering, and any other finishing materials applied to the interior surfaces of the perimeter walls, floors or ceilings, are a part of the unit, and all other portions of the walls, floors, or ceilings, including perimeter doors and windows, and their frames, are a part of the common elements.

(c) In a planned community, except as the declaration otherwise provides, the unit boundaries shall be the boundary lines as designated on a plat recorded pursuant to chapter 505 or on a registered land survey filed pursuant to chapter 508 or 508A.

(d) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside of the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.

(e) Subject to subsection (d), all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.

(f) Improvements such as shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, decks, patios, perimeter doors and windows, constructed as part of the original construction to serve a single unit, and authorized replacements and modifications thereof, if located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.

HIST: 1993 c 222 art 2 s 2

Official Publication of the State of Minnesota
Revisor of Statutes