1998 Minnesota Statutes

     515B.4-111 Conversion property. 

    (a) A declarant of a common interest community containing 
 conversion property, shall give the occupants of residential 
 units in the conversion property notice of the conversion no 
 later than 120 days before they are required to vacate.  The 
 notice shall be given by hand delivering or mailing one notice 
 to each residential unit, addressed to the occupants thereof.  
 If the holder of the lessee's interest in the unit has given the 
 owner of the building an address different than that of the 
 unit, then the notice shall also be given to the holder of the 
 lessee's interest at the designated address.  The notice shall 
 satisfy the following requirements: 

    (1) The notice shall set forth generally the rights 
 conferred by this section. 

    (2) The notice shall have attached to the notice intended 
 for the holder of the lessee's interest a form of purchase 
 agreement setting forth the terms of sale contemplated by 
 subsection (d) and a statement of any significant restrictions 
 on the use and occupancy of the unit to be imposed by the 
 declarant. 

    (3) The notice shall state that the occupants of the 
 residential unit may demand to be given 60 additional days 
 before being required to vacate, if any of them, or any person 
 residing with them, is (i) 62 years of age or older, (ii) a 
 person with a disability as defined in section 268A.01, or (iii) 
 a minor child on the date the notice is given.  This demand must 
 be in writing, contain reasonable proof of qualification, and be 
 given to the declarant within 30 days after the notice of 
 conversion is delivered or mailed. 

    (4) The notice shall be contained in an envelope upon which 
 the following shall be boldly printed: "Notice of Conversion." 

    (b) No occupant of a unit in a conversion property may be 
 required to vacate upon less than 120 days' notice, except by 
 reason of nonpayment of rent, waste, or conduct that disturbs 
 other tenants' peaceful enjoyment of the premises.  Nor may the 
 terms of the tenancy be altered during that period, except that 
 a tenant or other party in possession may vacate and terminate 
 the lease upon one month's written notice to the declarant.  
 Nothing in this section prevents the declarant and any occupant 
 from agreeing to an extension of the tenancy on a month-to-month 
 basis beyond the 120-day notice period, or to an earlier 
 termination of the tenancy. 

    (c) No repair work or remodeling may be commenced or 
 undertaken in the occupied units or common areas of the building 
 during the notice period, unless reasonable precautions are 
 taken to ensure the safety and security of the occupants. 

    (d) For 60 days after delivery or mailing of the notice 
 described in subsection (a), the holder of the lessee's interest 
 in the unit on the date the notice is mailed or delivered shall 
 have an option to purchase that unit on the terms set forth in 
 the purchase agreement attached to the notice.  The purchase 
 agreement shall contain no terms or provisions which violate any 
 state or federal law relating to discrimination in housing.  If 
 the holder of the lessee's interest fails to purchase the unit 
 during that 60-day period, the declarant may not offer to 
 dispose of an interest in that unit during the following 180 
 days at a price or on terms more favorable to the offeree than 
 the price or terms offered to the holder.  This subsection does 
 not apply to any unit in a conversion building if that unit will 
 be restricted exclusively to nonresidential use or if the 
 boundaries of the converted unit do not substantially conform to 
 the boundaries of the residential unit before conversion. 

    (e) If a declarant, in violation of subsection (b), conveys 
 a unit to a purchaser for value who has no knowledge of the 
 violation, the recording of the deed conveying the unit or, in a 
 cooperative, the conveyance of the right to possession of the 
 unit, extinguishes any right a holder of a lessee's interest who 
 is not in possession of the unit may have under subsection (d) 
 to purchase that unit, but the conveyance does not affect the 
 right of the holder to recover damages from the declarant for a 
 violation of subsection (d). 

    (f) If a notice of conversion specifies a date by which a 
 unit or proposed unit must be vacated or otherwise complies with 
 the provisions of chapter 566, the notice also constitutes a 
 notice to vacate specified by that statute. 

    (g) Nothing in this section permits termination of a lease 
 by a declarant in violation of its terms. 

    (h) Failure to give notice as required by this section is a 
 defense to an action for possession until a notice complying 
 with this section is given and the applicable notice period 
 terminates. 

    HIST: 1993 c 222 art 4 s 11