2006 Minnesota Statutes

515B.1-106 APPLICABILITY OF LOCAL REQUIREMENTS.
(a) Except as provided in subsections (b) and (c), a zoning, subdivision, building code, or
other real estate use law, ordinance, charter provision, or regulation may not directly or indirectly
prohibit the common interest community form of ownership or impose any requirement upon a
common interest community, upon the creation or disposition of a common interest community
or upon any part of the common interest community conversion process which it would not
impose upon a physically similar development under a different form of ownership. Otherwise,
no provision of this chapter invalidates or modifies any provision of any zoning, subdivision,
building code, or other real estate use law, ordinance, charter provision, or regulation.
(b) Subsection (a) shall not apply to any ordinance, rule, regulation, charter provision or
contract provision relating to the financing of housing construction, rehabilitation, or purchases
provided by or through a housing finance program established and operated pursuant to state or
federal law by a state or local agency or local unit of government.
(c) A statutory or home rule charter city, pursuant to an ordinance or charter provision
establishing standards to be applied uniformly within its jurisdiction, may prohibit or impose
reasonable conditions upon the conversion of buildings occupied wholly or partially for residential
use to the common interest community form of ownership only if there exists within the city a
significant shortage of suitable rental dwellings available to low and moderate income individuals
or families or to establish or maintain the city's eligibility for any federal or state program
providing direct or indirect financial assistance for housing to the city. Prior to the adoption of
an ordinance pursuant to the authority granted in this subsection, the city shall conduct a public
hearing. Any ordinance or charter provision adopted pursuant to this subsection shall not apply
to any existing or proposed conversion common interest community (i) for which a bona fide
loan commitment for a consideration has been issued by a lender and is in effect on the date of
adoption of the ordinance or charter provision, or (ii) for which a notice of conversion or intent to
convert required by section 515B.4-111, containing a termination of tenancy, has been given to
at least 75 percent of the tenants and subtenants in possession prior to the date of adoption of
the ordinance or charter provision.
(d) For purposes of providing marketable title, a statement in the declaration that the
common interest community is not subject to an ordinance or that any conditions required under
an ordinance have been complied with shall be prima facie evidence that the common interest
community was not created in violation of the ordinance.
(e) A violation of an ordinance or charter provision adopted pursuant to the provisions of
subsection (b) or (c) shall not affect the validity of a common interest community. This subsection
shall not be construed to in any way limit the power of a city to enforce the provisions of an
ordinance or charter provision adopted pursuant to subsection (b) or (c).
(f) Any ordinance or charter provision enacted hereunder that prohibits the conversion of
buildings to the common interest community form of ownership shall not be effective for a
period exceeding 18 months.
History: 1993 c 222 art 1 s 6; 2005 c 121 s 3; 2006 c 221 s 8