2006 Minnesota Statutes

515B.3-117 OTHER LIENS.
(a) Except in a cooperative and except as otherwise provided in this chapter or in a security
instrument, an individual unit owner may have the unit owner's unit released from a lien if the
unit owner pays the lienholder the portion of the amount which the lien secures that is attributable
to the unit. Upon the receipt of payment, the lienholder shall promptly deliver to the unit owner a
recordable partial satisfaction and release of lien releasing the unit from the lien. The release shall
be deemed to include a release of any rights in the common elements appurtenant to the unit. The
portion of the amount which a lien secures that is attributable to the unit shall be equal to the total
amount which the lien secures multiplied by a percentage calculated by dividing the common
expense liability attributable to the unit by the common expense liability attributable to all units
against which the lien has been recorded, or in the case of a lien under subsection (b), the units
against which the lien is permitted or required to be recorded. At the request of a lien claimant
or unit owners, the association shall provide a written statement of the percentage of common
expense liability attributable to all units. After a unit owner's payment pursuant to this section, the
association may not assess the unit for any common expense incurred thereafter in connection
with the satisfaction or defense against the lien.
(b) Labor performed or materials furnished for the improvement of a unit shall be the basis
for the recording of a lien against that unit pursuant to the provisions of chapter 514 but shall
not be the basis for the recording of a lien against the common elements. Labor performed or
materials furnished for the improvement of common elements, for which a lien may be recorded
under chapter 514, if duly authorized by the association, shall be deemed to be performed or
furnished with the express consent of each unit owner, and shall be perfected by recording a lien
against all the units in the common interest community, but shall not be the basis for the recording
of a lien against the common elements except in the case of a condominium on registered land,
in which case a lien must be filed pursuant to section 508.351, subdivision 5, or 508A.351,
subdivision 5 . Where a lien is recorded against the units for labor performed or material furnished
for the improvement of common elements, the association shall be deemed to be the authorized
agent of the unit owners for purposes of receiving the notices required under sections 514.011 and
514.08, subdivision 1, clause (2).
(c) A security interest in a cooperative whose unit owners' interests in the units are personal
property shall be perfected by recording a financing statement in the UCC filing section of the
central filing system operated by the Office of the Secretary of State. In any disposition by a
secured party pursuant to section 336.9-610 or retention pursuant to sections 336.9-620 to
336.9-622, the rights of the parties shall be the same as those provided by law, subject to the
exceptions and requirements set forth in section 515B.3-116(h)(3), and except that the unit owner
has the right to reinstate the debt owing to the secured party by paying to the secured party,
prior to the effective date of the disposition or retention, the amount which would be required to
reinstate the debt under section 580.30 if the unit were wholly real estate.
History: 1993 c 222 art 3 s 17; 1994 c 388 art 4 s 12; 2001 c 50 s 30; 2001 c 195 art 2 s 33;
2005 c 121 s 32; 2006 c 221 s 14