2006 Minnesota Statutes

515B.2-112 SUBDIVISION, COMBINATION, OR CONVERSION OF UNITS.
(a) If the declaration so provides, (i) one or more units may be subdivided into two or more
units or combined into a lesser number of units, or (ii) a unit or units owned exclusively by a
declarant may be subdivided, combined, or converted into one or more units, limited common
elements, common elements, or a combination of units, limited common elements or common
elements.
(b) If the unit or units are not owned exclusively by a declarant, the unit owners of the
units to be combined or subdivided shall cause to be prepared and submitted to the association
for approval an application for an amendment to the declaration and amended CIC plat, for
the purpose of subdividing or combining the unit or units. The application shall contain, at a
minimum, a general description of the proposed subdivision or combination, and shall specify
in detail the matters required by subsection (c)(2) and (3). The basis for disapproval of the
application by the association shall be limited to (i) health or safety considerations, (ii) liability
considerations for the association and other unit owners, (iii) aesthetic changes to the common
elements or another unit, (iv) any material and adverse impact on the common elements or
another unit, or (v) a failure to comply with the declaration, this chapter, or governmental laws,
ordinances, or regulations. The association shall give written notice of its decision and required
changes to the unit owner or owners who made the application. The association shall establish
fair and reasonable procedures and time frames for the submission and prompt processing of the
applications. If an application under this subsection is approved, the unit owner shall cause an
amendment and amended CIC plat to be prepared based upon the approved application.
(c) An amendment under this section shall:
(1) be executed by the association and by each unit owner and any secured party with respect
to each unit to be combined or subdivided, if approved under subsection (b);
(2) assign a unit identifier to each unit resulting from the subdivision, conversion, or
combination;
(3) reallocate the common element interest, votes in the association, and common expense
liability, as applicable, formerly allocated to the unit or units to be combined, converted, or
subdivided among the unit or units resulting from the subdivision or combination, or among all
units in the case of a conversion, as applicable, on the basis of the formula described in the
declaration; and
(4) conform to the requirements of the declaration and this chapter.
(d) If the association determines that the amendment and amended CIC plat conform to
the approved application, the declaration, and this chapter, the association shall execute the
amendment and cause the amendment and the amended CIC plat to be recorded. The association
may require the unit owners executing the amendment to pay all fees and costs for reviewing,
preparing, and recording the amendment and the amended CIC plat, and any other fees or costs
incurred by the association in connection therewith.
(e) If the unit or units are owned exclusively by a declarant, the declarant shall have the
authority to unilaterally prepare and record, at its expense, an amendment and an amended CIC
plat subdividing, combining, or converting the unit or units. The amendment shall comply with
subsections (c)(2), (3), and (4), and shall be limited to those provisions necessary to accomplish
the subdivision, combination, or conversion unless the consent of unit owners required to amend
the declaration is obtained.
(f) The amended CIC plat shall show the resulting common elements, limited common
elements or units, as subdivided, combined, or converted.
(g) A secured party's interest and remedies shall be deemed to apply to the unit or units
that result from the subdivision or combination of the unit or units in which the secured party
held a security interest. If the secured party enforces any remedy, including foreclosure of its
lien, against any of the resulting units, all instruments and notices relating to the foreclosure
shall describe the subject property in terms of the amendment and the amended CIC plat which
created the resulting units.
History: 1993 c 222 art 2 s 12; 2005 c 121 s 14; 2006 c 221 s 11