2005 Minnesota Statutes

     508A.351 Condominium certificate. 

    Subdivision 1. Repealed, 2001 c 50 s 37 

    Subd. 1a.    Declaration.  Prior to filing with the 
 registrar of titles of a declaration or bylaws for a 
 condominium, or an amendment to the declaration or bylaws, a 
 determination must be made by an order of court in a proceeding 
 subsequent to initial registration or by a written directive of 
 the examiner of titles that the documents comply with the 
 requirements of the applicable condominium statute. 

    Subd. 2.    Removal.  The registrar of titles shall 
 carry forward the memorial set forth in subdivision 1 until 
 directed to remove it by a court order as provided for in 
 section 508A.71. 

    Subd. 2a.    Form of common elements certificate of title. 
  Upon the filing of a declaration creating a condominium, the 
 registrar shall issue a certificate of title, designated as a 
 "common elements certificate of title," ("CECT").  It must be in 
 substantially the following form: 

           COMMON ELEMENTS CERTIFICATE OF TITLE (CECT)

    This is the Common Elements Certificate of Title for 
 Condominium CIC No. ........... 

 State of Minnesota      )
                         ) ss
 County of ..............)

    This is to certify that the common elements in condominium 
 CIC No. ....... are subject to the encumbrances, liens, and 
 interests noted by the memorials set forth as follows: 

    

    

    

    In witness whereof, I have hereunto subscribed my name and 
 affixed the seal of my office, this ....... day of ......., .....

                             ...................
                             Registrar of Titles, in and for the 
                             County of ............ 
                             and State of Minnesota

    Subd. 3.    Tract index.  CECTs must be maintained in 
 the same manner as provided for certificates of title under 
 chapter 508 and must be indexed in the tract index as provided 
 in section 508.37, subdivision 1a.  The names of the owners in 
 the tract index must be "unit owners."  The description of the 
 registered land in the tract index must be "common elements" or 
 "CECT." 

    Subd. 4.    Unit certificates.  CPTs issued for the 
 units described in the declaration must contain, immediately 
 following the description of the unit, a statement in 
 substantially the following form:  "subject to encumbrances, 
 liens, and interests noted on CECT No. ......." 

    Subd. 5.    Memorials.  The condominium declaration, 
 bylaws, any amendment to the declaration or bylaws; any lien 
 against the common elements pursuant to chapter 514; any fixture 
 filings pursuant to section 336.9-314 where the financing 
 statement describes the common elements; any easement on the 
 common elements pursuant to section 515B.3-102, subsection 
 (a)(9); any instrument evidencing the transfer of a special 
 declarant right pursuant to section 515B.3-104; and any 
 conveyance or encumbrance of the common elements pursuant to 
 section 515B.3-112 must be entered as memorials on the CECT only.

    Subd. 6.    Preexisting condominiums.  In the case of a 
 condominium existing prior to August 1, 2001, on registered 
 land, for which no CECT has been issued, upon the filing of a 
 document of the kind specified in section 508.351, subdivision 
 4, the registrar shall issue a CECT, but documents filed prior 
 to the issuance of the CECT need not be entered as memorials on 
 the CECT.  The registrar for no additional fee shall mark by the 
 land description on the certificate of title for each of the 
 units in the condominium a statement in substantially the 
 following form:  "subject to encumbrances, liens, and interests 
 noted in CECT No. ......." and in future certificates for each 
 unit in the condominium insert, immediately following the 
 description of the Unit, a statement in substantially the 
 following form:  "subject to encumbrances, liens and interests 
 noted on CECT No.  ........" 

    HIST: 1982 c 396 s 28; 2001 c 50 s 18-23,38