2005 Minnesota Statutes

     515B.2-112 Subdivision, combination, or conversion of 
  units. 

    (a) If the declaration so provides, (i) one or more units 
 may be subdivided into two or more units or combined into a 
 lesser number of units, or (ii) a unit or units owned 
 exclusively by a declarant may be subdivided, combined, or 
 converted into one or more units, limited common elements, 
 common elements, or a combination of units, limited common 
 elements or common elements. 

    (b) If the unit or units are not owned exclusively by a 
 declarant, the unit owners of the units to be combined or 
 subdivided shall cause to be prepared and submitted to the 
 association for approval an application for an amendment to the 
 declaration and amended CIC plat, for the purpose of subdividing 
 or combining the unit or units.  The application shall contain, 
 at a minimum, a general description of the proposed subdivision 
 or combination, and shall specify in detail the matters required 
 by subsection (c)(2) and (3).  The basis for disapproval of the 
 application by the association shall be limited to (i) health or 
 safety considerations, (ii) liability considerations for the 
 association and other unit owners, (iii) aesthetic changes to 
 the common elements or another unit, (iv) any material and 
 adverse impact on the common elements or another unit, or (v) a 
 failure to comply with the declaration, this chapter, or 
 governmental laws, ordinances, or regulations.  The association 
 shall give written notice of its decision and required changes 
 to the unit owner or owners who made the application.  The 
 association shall establish fair and reasonable procedures and 
 time frames for the submission and prompt processing of the 
 applications. 

    (c) If an application under subsection (b) is approved, the 
 unit owner shall cause an amendment and amended CIC plat to be 
 prepared based upon the approved application.  The amendment 
 shall: 

    (1) be executed by the association and by each unit owner 
 and any secured party with respect to each unit to be combined 
 or subdivided; 

    (2) assign a unit identifier to each unit resulting from 
 the subdivision or combination; 

    (3) reallocate the common element interest, votes in the 
 association, and common expense liability, as applicable, 
 formerly allocated to the unit or units to be combined or 
 subdivided among the unit or units resulting from the 
 subdivision or combination on the basis of the formula described 
 in the declaration; and 

    (4) conform to the requirements of the declaration and this 
 chapter.  

    (d) If the association determines that the amendment and 
 amended CIC plat conform to the approved application, the 
 declaration, and this chapter, the association shall execute the 
 amendment and cause the amendment and the amended CIC plat to be 
 recorded.  The association may require the unit owners executing 
 the amendment to pay all fees and costs for reviewing, 
 preparing, and recording the amendment and the amended CIC plat, 
 and any other fees or costs incurred by the association in 
 connection therewith. 

    (e) If the unit or units are owned exclusively by a 
 declarant, the declarant shall have the authority to 
 unilaterally prepare and record, at its expense, an amendment 
 and an amended CIC plat subdividing, combining, or converting 
 the unit or units.  The amendment shall comply with subsections 
 (c)(1), (2), (3), and (4), and shall be limited to those 
 provisions necessary to accomplish the subdivision, combination, 
 or conversion unless the consent of unit owners required to 
 amend the declaration is obtained. 

    (f) The amended CIC plat shall show the resulting common 
 elements, limited common elements or units, as subdivided, 
 combined, or converted. 

    (g) A secured party's interest and remedies shall be deemed 
 to apply to the unit or units that result from the subdivision 
 or combination of the unit or units in which the secured party 
 held a security interest.  If the secured party enforces any 
 remedy, including foreclosure of its lien, against any of the 
 resulting units, all instruments and notices relating to the 
 foreclosure shall describe the subject property in terms of the 
 amendment and the amended CIC plat which created the resulting 
 units. 

    HIST: 1993 c 222 art 2 s 12; 2005 c 121 s 14