(a) The annual budgets of the association shall provide from year to year, on a cumulative basis, for adequate reserve funds to cover the replacement of those parts of the common interest community which the association is obligated to replace. These reserve requirements shall not apply to a common interest community which is restricted to nonresidential use.
(b) Unless the declaration provides otherwise, any surplus funds that the association has remaining after payment of or provision for common expenses and reserves shall be (i) credited to the unit owners to reduce their future common expense assessments or (ii) credited to reserves, or any combination thereof, as determined by the board of directors.
(c) This section applies to common interest communities only for their fiscal years commencing before January 1, 2012.
NOTE: The amendments to this section by Laws 2010, chapter 267, article 3, section 11, are effective and apply to common interest communities for their fiscal years commencing on or after January 1, 2012. Laws 2010, chapter 267, article 3, section 11, the effective date.
Official Publication of the State of Minnesota
Revisor of Statutes