Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
515A.2-108 ALLOCATION OF COMMON ELEMENT INTERESTS, VOTES, AND
COMMON EXPENSE LIABILITIES.
(a) The declaration shall allocate a fraction or percentage of the undivided interests in the
common elements, common expenses and votes in the association to each unit in such manner
that each of the items is equally allocated or is allocated according to the proportion of the area or
volume of each unit to the area or volume of all units, and the items need not be allocated the
same for all purposes. The declaration may provide that a portion of each common expense
assessment may be allocated on the basis of equality and the remainder on the basis of area or
volume of each unit. The sum of the percentages or fractions shall equal 100 percent or 1.
(b) Except in the case of eminent domain (section 515A.1-107), expansion of a flexible
condominium (section 515A.2-111), relocation of boundaries between adjoining units (section
515A.2-114), or subdivision of units (section 515A.2-115), the common element interest, votes
and common expense liability allocated to any unit may not be altered, except as an amendment
to the declaration which is signed by all unit owners and first mortgagees, and which complies
with section 515A.2-119. The common elements are not subject to partition, and any purported
conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an undivided
interest or involuntary transfer of an undivided interest in the common elements without the
unit to which the interest is allocated is void.
(c) The association may assess certain common expenses against fewer than all units
pursuant to section 515A.3-114.
History: 1980 c 582 art 2 s 515.2-108
COMMON EXPENSE LIABILITIES.
(a) The declaration shall allocate a fraction or percentage of the undivided interests in the
common elements, common expenses and votes in the association to each unit in such manner
that each of the items is equally allocated or is allocated according to the proportion of the area or
volume of each unit to the area or volume of all units, and the items need not be allocated the
same for all purposes. The declaration may provide that a portion of each common expense
assessment may be allocated on the basis of equality and the remainder on the basis of area or
volume of each unit. The sum of the percentages or fractions shall equal 100 percent or 1.
(b) Except in the case of eminent domain (section 515A.1-107), expansion of a flexible
condominium (section 515A.2-111), relocation of boundaries between adjoining units (section
515A.2-114), or subdivision of units (section 515A.2-115), the common element interest, votes
and common expense liability allocated to any unit may not be altered, except as an amendment
to the declaration which is signed by all unit owners and first mortgagees, and which complies
with section 515A.2-119. The common elements are not subject to partition, and any purported
conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an undivided
interest or involuntary transfer of an undivided interest in the common elements without the
unit to which the interest is allocated is void.
(c) The association may assess certain common expenses against fewer than all units
pursuant to section 515A.3-114.
History: 1980 c 582 art 2 s 515.2-108
Official Publication of the State of Minnesota
Revisor of Statutes