2006 Minnesota Statutes

515B.3-102 POWERS OF UNIT OWNERS' ASSOCIATION.
(a) Except as provided in subsections (b) and (c), and subject to the provisions of the
declaration or bylaws, the association shall have the power to:
(1) adopt, amend and revoke rules and regulations not inconsistent with the articles of
incorporation, bylaws and declaration, as follows: (i) regulating the use of the common elements;
(ii) regulating the use of the units, and conduct of unit occupants, which may jeopardize the
health, safety or welfare of other occupants, which involves noise or other disturbing activity, or
which may damage the common elements or other units; (iii) regulating or prohibiting animals;
(iv) regulating changes in the appearance of the common elements and conduct which may
damage the common interest community; (v) regulating the exterior appearance of the common
interest community, including, for example, balconies and patios, window treatments, and
signs and other displays, regardless of whether inside a unit; (vi) implementing the articles of
incorporation, declaration and bylaws, and exercising the powers granted by this section; and (vii)
otherwise facilitating the operation of the common interest community;
(2) adopt and amend budgets for revenues, expenditures and reserves, and levy and collect
assessments for common expenses from unit owners;
(3) hire and discharge managing agents and other employees, agents, and independent
contractors;
(4) institute, defend, or intervene in litigation or administrative proceedings (i) in its own
name on behalf of itself or two or more unit owners on matters affecting the common elements or
other matters affecting the common interest community or, (ii) with the consent of the owners of
the affected units on matters affecting only those units;
(5) make contracts and incur liabilities;
(6) regulate the use, maintenance, repair, replacement, and modification of the common
elements and the units;
(7) cause improvements to be made as a part of the common elements, and, in the case
of a cooperative, the units;
(8) acquire, hold, encumber, and convey in its own name any right, title, or interest to real
estate or personal property, but (i) common elements in a condominium or planned community
may be conveyed or subjected to a security interest only pursuant to section 515B.3-112, or (ii)
part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a
security interest, only pursuant to section 515B.3-112;
(9) grant easements for public utilities, public rights-of-way or other public purposes, and
cable television or other communications, through, over or under the common elements; grant
easements, leases, or licenses to unit owners for purposes authorized by the declaration; and,
subject to approval by resolution of unit owners other than declarant or its affiliates, grant other
easements, leases, and licenses through, over or under the common elements;
(10) impose and receive any payments, fees, or charges for the use, rental, or operation of the
common elements, other than limited common elements, and for services provided to unit owners;
(11) impose charges for late payment of assessments and, after notice and an opportunity to
be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations
of the association;
(12) impose reasonable charges for the review, preparation and recordation of amendments
to the declaration, resale certificates required by section 515B.4-107, statements of unpaid
assessments, or furnishing copies of association records;
(13) provide for the indemnification of its officers and directors, and maintain directors' and
officers' liability insurance;
(14) provide for reasonable procedures governing the conduct of meetings and election of
directors;
(15) exercise any other powers conferred by law, or by the declaration, articles of
incorporation or bylaws; and
(16) exercise any other powers necessary and proper for the governance and operation of
the association.
(b) Notwithstanding subsection (a) the declaration or bylaws may not impose limitations
on the power of the association to deal with the declarant which are more restrictive than the
limitations imposed on the power of the association to deal with other persons.
(c) Notwithstanding subsection (a), powers exercised under this section must comply with
section 500.215.
History: 1993 c 222 art 3 s 2; 2005 c 121 s 22; 2005 c 168 s 4