2006 Minnesota Statutes

515B.2-101 CREATION OF COMMON INTEREST COMMUNITIES.
(a) On and after June 1, 1994, a common interest community may be created only as follows:
(1) A condominium may be created only by recording a declaration.
(2) A cooperative may be created only by recording a declaration and by recording a
conveyance of the real estate subject to that declaration to the association.
(3) A planned community which includes common elements may be created only by
simultaneously recording a declaration and a conveyance of the common elements subject to
that declaration to the association.
(4) A planned community without common elements may be created only by recording a
declaration.
(b) Except as otherwise expressly provided in this chapter, the declaration shall be executed
by all persons whose interests in the real estate will be conveyed to unit owners or to the
association, except vendors under contracts for deed, and by every lessor of a lease the expiration
or termination of which will terminate the common interest community. The declaration shall
be recorded in every county in which any portion of the common interest community is located.
Failure of any party not required to execute a declaration, but having a recorded interest in the
common interest community, to join in the declaration shall have no effect on the validity of the
common interest community; provided that the party is not bound by the declaration until that
party acknowledges the existence of the common interest community in a recorded instrument.
(c) In a condominium, a planned community utilizing a CIC plat complying with section
515B.2-110(c), or a cooperative, where the unit boundaries are delineated by a structure, a
declaration, or an amendment to a declaration adding units, shall not be recorded unless the
structural components of the structures containing the units and the mechanical systems serving
more than one unit, but not the units, are substantially completed, as evidenced by a recorded
certificate executed by a registered engineer or architect.
(d) A project which (i) meets the definition of a "common interest community" in section
515B.1-103(10), (ii) is created after May 31, 1994, and (iii) is not exempt under section
515B.1-102(e), is subject to this chapter even if this or other sections of the chapter have not
been complied with, and the declarant and all unit owners are bound by all requirements and
obligations of this chapter.
(e) The association shall be incorporated pursuant to section 515B.3-101 and the CIC plat
shall be recorded as and if required by section 515B.2-110.
History: 1993 c 222 art 2 s 1; 1999 c 11 art 2 s 4; 2005 c 121 s 6; 2006 c 221 s 9