2004 Minnesota Statutes

     515B.3-115 Assessments for common expenses. 

    (a) The obligation of a unit owner to pay common expense 
 assessments shall be as follows: 

    (1) If a common expense assessment has not been levied, the 
 declarant shall pay all accrued expenses of the common interest 
 community.  

    (2) If a common expense assessment has been levied, all 
 unit owners including the declarant shall pay the assessments 
 allocated to their units, subject to subsection (b). 

    (3) Notwithstanding subsections (a)(1), (a)(2), and (b), if 
 the association maintains the exteriors of the buildings 
 constituting or contained within the units, that part of any 
 assessment that is allocated to replacement reserves referred to 
 in section 515B.3-114 shall be fully levied against a unit, 
 including any unit owned by a declarant, on the earlier of 
 substantial completion of the exterior of (i) the building 
 containing the unit or (ii) any building located within the unit.

    (b) Subject to subsection (a)(3), if the declaration so 
 provides, a declarant's liability, and the assessment lien, for 
 assessments, other than replacement reserves, on any unit owned 
 by the declarant may be limited to 25 percent or any greater 
 percentage of any assessment levied, until the unit or any 
 building located in it is substantially completed.  Substantial 
 completion shall be evidenced by a certificate of occupancy in 
 any jurisdiction that issues the certificate. 

    (c) After an assessment has been levied by the association, 
 assessments shall be levied at least annually, based upon a 
 budget approved at least annually by the association. 

    (d) Except as modified by subsections (a)(1) and (2), (e), 
 (f), and (g), all common expenses shall be assessed against all 
 the units in accordance with the allocations established by the 
 declaration pursuant to section 515B.2-108. 

    (e) Unless otherwise required by the declaration: 

    (1) any common expense associated with the maintenance, 
 repair, or replacement of a limited common element shall be 
 assessed against the units to which that limited common element 
 is assigned, equally, or in any other proportion the declaration 
 provides; 

    (2) any common expense or portion thereof benefiting fewer 
 than all of the units may be assessed exclusively against the 
 units benefited, equally, or in any other proportion the 
 declaration provides; 

    (3) the costs of insurance may be assessed in proportion to 
 risk or coverage, and the costs of utilities may be assessed in 
 proportion to usage; 

    (4) reasonable attorneys fees and costs incurred by the 
 association in connection with (i) the collection of assessments 
 and, (ii) the enforcement of this chapter, the articles, bylaws, 
 declaration, or rules and regulations, against a unit owner, may 
 be assessed against the unit owner's unit; and 

    (5) fees, charges, late charges, fines and interest may be 
 assessed as provided in section 515B.3-116(a). 

    (f) Assessments levied under section 515B.3-116 to pay a 
 judgment against the association may be levied only against the 
 units in the common interest community at the time the judgment 
 was entered, in proportion to their common expense liabilities. 

    (g) If any damage to the common elements or another unit is 
 caused by the act or omission of any unit owner, or occupant of 
 a unit, or their invitees, the association may assess the costs 
 of repairing the damage exclusively against the unit owner's 
 unit to the extent not covered by insurance. 

    (h) Subject to any shorter period specified by the 
 declaration or bylaws, if any installment of an assessment 
 becomes more than 60 days past due, then the association may, 
 upon ten days' written notice to the unit owner, declare the 
 entire amount of the assessment immediately due and payable in 
 full. 

    (i) If common expense liabilities are reallocated for any 
 purpose authorized by this chapter, common expense assessments 
 and any installment thereof not yet due shall be recalculated in 
 accordance with the reallocated common expense liabilities. 

    HIST: 1993 c 222 art 3 s 15; 1995 c 92 s 12; 1999 c 11 art 2 s 
 22; 2000 c 260 s 76