2006 Minnesota Statutes

515B.1-102 APPLICABILITY.
(a) Except as provided in this section, this chapter, and not chapters 515 and 515A, applies to
all common interest communities created within this state on and after June 1, 1994.
(b) The applicability of this chapter to common interest communities created prior to June 1,
1994, shall be as follows:
(1) This chapter shall apply to condominiums created under chapter 515A with respect to
events and circumstances occurring on and after June 1, 1994; provided (i) that this chapter shall
not invalidate the declarations, bylaws or condominium plats of those condominiums, and (ii)
that chapter 515A, and not this chapter, shall govern all rights and obligations of a declarant of
a condominium created under chapter 515A, and the rights and claims of unit owners against
that declarant.
(2) The following sections in this chapter apply to condominiums created under chapter 515:
515B.1-104 (Variation by Agreement); 515B.1-105 (Separate Titles and Taxation); 515B.1-106
(Applicability of Local Ordinances, Regulations, and Building Codes); 515B.1-107 (Eminent
Domain); 515B.1-108 (Supplemental General Principles of Law Applicable); 515B.1-109
(Construction Against Implicit Repeal); 515B.1-112 (Unconscionable Agreement or Term of
Contract); 515B.1-113 (Obligation of Good Faith); 515B.1-114 (Remedies to be Liberally
Administered); 515B.1-115 (Notice); 515B.1-116 (Recording); 515B.2-103 (Construction
and Validity of Declaration and Bylaws); 515B.2-104 (Description of Units); 515B.2-108(d)
(Allocation of Interests); 515B.2-109(c) (Common Elements and Limited Common Elements);
515B.2-112 (Subdivision or Conversion of Units); 515B.2-113 (Alteration of Units); 515B.2-114
(Relocation of Boundaries Between Adjoining Units); 515B.2-115 (Minor Variations in
Boundaries); 515B.2-118 (Amendment of Declaration); 515B.2-119 (Termination of Common
Interest Community); 515B.3-102 (Powers of Unit Owners' Association); 515B.3-103(a), (b),
and (g) (Board; Directors and Officers; Period of Declarant Control); 515B.3-107 (Upkeep of
Common Interest Community); 515B.3-108 (Meetings); 515B.3-109 (Quorums); 515B.3-110
(Voting; Proxies); 515B.3-111 (Tort and Contract Liability); 515B.3-112 (Conveyance or
Encumbrance of Common Elements); 515B.3-113 (Insurance); 515B.3-114 (Reserves; Surplus
Funds); 515B.3-115(c), (e), (f), (g), (h), and (i) (Assessments for Common Expenses);
515B.3-116 (Lien for Assessments); 515B.3-117 (Other Liens); 515B.3-118 (Association
Records); 515B.3-119 (Association as Trustee); 515B.3-121 (Accounting Controls); 515B.4-107
(Resale of Units); 515B.4-108 (Purchaser's Right to Cancel Resale); and 515B.4-116 (Rights of
Action; Attorney's Fees). Section 515B.1-103 (Definitions) shall apply to the extent necessary
in construing any of the sections referenced in this section. Sections 515B.1-105, 515B.1-106,
515B.1-107, 515B.1-116, 515B.2-103, 515B.2-104, 515B.2-118, 515B.3-102, 515B.3-110,
515B.3-111, 515B.3-113, 515B.3-116, 515B.3-117, 515B.3-118, 515B.3-121, 515B.4-107,
515B.4-108, and 515B.4-116 apply only with respect to events and circumstances occurring on
and after June 1, 1994. All other sections referenced in this section apply only with respect to
events and circumstances occurring after July 31, 1999. A section referenced in this section does
not invalidate the declarations, bylaws or condominium plats of condominiums created before
August 1, 1999. But all sections referenced in this section prevail over the declarations, bylaws,
CIC plats, rules and regulations under them, of condominiums created before August 1, 1999,
except to the extent that this chapter defers to the declarations, bylaws, CIC plats, or rules and
regulations issued under them.
(3) This chapter shall not apply to cooperatives and planned communities created prior to
June 1, 1994; except by election pursuant to subsection (d), and except that sections 515B.1-116,
subsections (a), (c), (d), (e), (f), and (h), 515B.4-107, and 515B.4-108, apply to all planned
communities and cooperatives regardless of when they are created, unless they are exempt under
subsection (e).
(c) This chapter shall not invalidate any amendment to the declaration, bylaws or
condominium plat of any condominium created under chapter 515 or 515A if the amendment
was recorded before June 1, 1994. Any amendment recorded on or after June 1, 1994, shall be
adopted in conformity with the procedures and requirements specified by those instruments and
by this chapter. If the amendment grants to any person any rights, powers or privileges permitted
by this chapter, all correlative obligations, liabilities and restrictions contained in this chapter
shall also apply to that person.
(d) Any condominium created under chapter 515, any planned community or cooperative
which would be exempt from this chapter under subsection (e), or any planned community or
cooperative created prior to June 1, 1994, may elect to be subject to this chapter, as follows:
(1) The election shall be accomplished by recording a declaration or amended declaration,
and a new or amended CIC plat where required, and by approving bylaws or amended bylaws,
which conform to the requirements of this chapter, and which, in the case of amendments, are
adopted in conformity with the procedures and requirements specified by the existing declaration
and bylaws of the common interest community, and by any applicable statutes.
(2) In a condominium, the preexisting condominium plat shall be the CIC plat and an
amended CIC plat shall be required only if the amended declaration or bylaws contain provisions
inconsistent with the preexisting condominium plat. The condominium's CIC number shall be the
apartment ownership number or condominium number originally assigned to it by the recording
officer. In a cooperative in which the unit owners' interests are characterized as real estate, a CIC
plat shall be required. In a planned community, the preexisting plat recorded pursuant to chapter
505, 508, or 508A, or the part of the plat upon which the common interest community is located,
shall be the CIC plat.
(3) The amendment shall comply with section 515B.2-118(a)(3).
(4) Except as permitted by paragraph (3), no declarant, affiliate of declarant, association,
master association nor unit owner may acquire, increase, waive, reduce or revoke any previously
existing warranty rights or causes of action that one of said persons has against any other of said
persons by reason of exercising the right of election under this subsection.
(5) A common interest community which elects to be subject to this chapter may, as a part of
the election process, change its form of ownership by complying with section 515B.2-123.
(e) Except as otherwise provided in this subsection, this chapter shall not apply, except by
election pursuant to subsection (d), to the following:
(1) a planned community which consists of two units, which utilizes a CIC plat complying
with section 515B.2-110(d)(1) and (2), which is not subject to any rights to subdivide or convert
units or to add additional real estate, and which is not subject to a master association;
(2) a common interest community where the units consist solely of separate parcels of
real estate designed or utilized for detached single family dwellings or agricultural purposes,
and where the association or a master association has no obligation to maintain any building
containing a dwelling or any agricultural building;
(3) a cooperative where, at the time of creation of the cooperative, the unit owners' interests
in the dwellings as described in the declaration consist solely of proprietary leases having an
unexpired term of fewer than 20 years, including renewal options;
(4) planned communities utilizing a CIC plat complying with section 515B.2-110(d)(1) and
(2) and cooperatives, which are limited by the declaration to nonresidential use; or
(5) real estate subject only to an instrument or instruments filed primarily for the purpose
of creating or modifying rights with respect to access, utilities, parking, ditches, drainage, or
irrigation.
(f) Section 515B.4-101(e) applies to any platted lot or other parcel of real estate that is
subject to a master declaration and is not subject to or is exempt from this chapter.
(g) Section 515B.1-106 shall apply to all common interest communities.
History: 1993 c 222 art 1 s 2; 1994 c 388 art 4 s 1; 1995 c 92 s 4; 1999 c 11 art 2 s 1; 2000
c 260 s 72; 2000 c 320 s 3; 2001 c 7 s 82; 2005 c 121 s 1; 2006 c 221 s 7