2004 Minnesota Statutes

     515B.2-110 Common interest community plat (CIC plat). 

    (a) A CIC plat is required for condominiums and planned 
 communities, and cooperatives in which the unit owners' 
 interests are characterized as real estate.  The CIC plat is a 
 part of the declaration in condominiums, and in cooperatives in 
 which the unit owners' interests are characterized as real 
 estate, but need not be physically attached to the declaration. 

    (1) In a condominium, or a cooperative in which the unit 
 owners' interests are characterized as real estate, the CIC plat 
 shall comply with subsection (c). 

    (2) In a planned community, a CIC plat which does not 
 comply with subsection (c) shall consist of all or part of a 
 subdivision plat or plats complying with subsections (d)(1) and 
 (d)(2).  The CIC plat need not contain the number of the common 
 interest community and may be recorded at any time at or before 
 the time of recording of the declaration.  If the CIC plat for 
 the planned community complies with subsection (c), the number 
 of the common interest community shall be included and the CIC 
 plat shall be recorded at the time of recording of the 
 declaration.  

    (3) In a cooperative in which the unit owners' interests 
 are characterized as personal property, a CIC plat shall not be 
 required.  In lieu of a CIC plat, the declaration or any 
 amendment to it creating, converting, or subdividing units in a 
 personal property cooperative shall include an exhibit 
 containing a scale drawing of each building, identifying the 
 building, and showing the perimeter walls of each unit created 
 or changed by the declaration or any amendment to it, including 
 the unit's unit identifier, and its location within the building 
 if the building contains more than one unit. 

    (b) The CIC plat for condominiums, for planned communities 
 using a plat complying with subsection (c), and for cooperatives 
 in which the unit owners' interests are characterized as real 
 estate, shall contain certifications by a registered 
 professional land surveyor and registered professional 
 architect, as to the parts of the CIC plat prepared by each, 
 that (i) the CIC plat accurately depicts all information 
 required by this section, and (ii) the work was undertaken by, 
 or reviewed and approved by, the certifying land surveyor or 
 architect.  The portions of the CIC plat depicting the 
 dimensions of the portions of the common interest community 
 described in subsections (c)(8), (9), (10), and (12), may be 
 prepared by either a land surveyor or an architect.  The other 
 portions of the CIC plat shall be prepared only by a land 
 surveyor.  A certification of the CIC plat or an amendment to it 
 under this subsection by an architect is not required if all 
 parts of the CIC plat or amendment are prepared by a land 
 surveyor.  Certification by the land surveyor or architect does 
 not constitute a guaranty or warranty of the nature, 
 suitability, or quality of construction of any improvements 
 located or to be located in the common interest community. 

    (c) A CIC plat for a condominium or cooperative shall show: 

    (1) the number of the common interest community, and the 
 boundaries, dimensions and a legally sufficient description of 
 the land included therein; 

    (2) the dimensions and location of all existing, material 
 structural improvements and roadways; 

    (3) the intended location and dimensions of any 
 contemplated common element improvements to be constructed 
 within the common interest community after the filing of the CIC 
 plat, labeled either "MUST BE BUILT" or "NEED NOT BE BUILT"; 

    (4) the location and dimensions of any additional real 
 estate, labeled as such, and a legally sufficient description of 
 the additional real estate; 

    (5) the extent of any encroachments by or upon any portion 
 of the common interest community; 

    (6) the location and dimensions of all recorded easements 
 within the common interest community serving or burdening any 
 portion of the common interest community; 

    (7) the distance and direction between noncontiguous 
 parcels of real estate; 

    (8) the location and dimensions of limited common elements, 
 except that with respect to limited common elements described in 
 section 515B.2-102, subsections (d) and (f), only such material 
 limited common elements as porches, balconies, decks, patios, 
 and garages shall be shown; 

    (9) the location and dimensions of the front, rear, and 
 side boundaries of each unit and that unit's unit identifier; 

    (10) the location and dimensions of the upper and lower 
 boundaries of each unit with reference to an established or 
 assumed datum and that unit's unit identifier; 

    (11) a legally sufficient description of any real estate in 
 which the unit owners will own only an estate for years, labeled 
 as "leasehold real estate"; 

    (12) any units which may be converted by the declarant to 
 create additional units or common elements identified separately.

    (d) A CIC plat for a planned community either shall comply 
 with subsection (c) or it shall: 

    (1) satisfy the requirements of chapter 505, 508, or 508A, 
 as applicable; and 

    (2) satisfy the platting requirements of any governmental 
 authority within whose jurisdiction the planned community is 
 located, subject to the limitations set forth in section 
 515B.1-106. 

    (e) If a declarant adds additional real estate, the 
 declarant shall record a supplemental CIC plat or plats for the 
 real estate being added, conforming to the requirements of this 
 section which apply to the type of common interest community in 
 question.  If less than all additional real estate is being 
 added, the supplemental CIC plat for a condominium, a planned 
 community whose CIC plat complies with subsection (c), or a 
 cooperative in which the unit owners' interests are 
 characterized as real estate, shall also show the location and 
 dimensions of the remaining portion. 

    (f) If a declarant subdivides or converts any unit into two 
 or more units, common elements or limited common elements, the 
 declarant shall record an amendment to the CIC plat showing the 
 location and dimensions of any new units, common elements and 
 limited common elements thus created. 

    HIST: 1993 c 222 art 2 s 10; 1994 c 388 art 4 s 7; 1995 c 92 s 
 10; 1999 c 11 art 2 s 9