1997 Minnesota Statutes

     515B.2-118 Amendment of declaration. 

    (a) Except in cases of amendments that may be executed by a 
 declarant under section 515B.2-111 or 515B.2-112, or by the 
 association and/or certain unit owners under section 515B.2-107, 
 515B.2-109, 515B.2-112, 515B.2-113, 515B.2-114, or 515B.2-119, 
 and except as limited by subsection (d), the declaration, 
 including any CIC plat, may be amended only by vote or written 
 agreement of unit owners of units to which at least 67 percent 
 of the votes in the association are allocated, or any greater or 
 other requirement the declaration specifies.  The declaration 
 may specify a smaller percentage only if all of the units are 
 restricted to nonresidential use. 

    (b) No action to challenge the validity of an amendment 
 adopted by the association pursuant to this section may be 
 brought more than two years after the amendment is recorded. 

    (c) Every amendment to the declaration shall be recorded in 
 every county in which any portion of the common interest 
 community is located and is effective only when recorded. 

    (d) Except as expressly permitted or required by other 
 provisions of this chapter, no amendment may (i) create or 
 increase special declarant rights, (ii) increase the number of 
 units, (iii) change the boundaries of any unit, (iv) change the 
 allocated interests of a unit, (v) change common elements to 
 limited common elements, (vi) change the authorized use of a 
 unit from residential to nonresidential, or conversely, or (vii) 
 change the characterization of the unit owners' interests in a 
 cooperative from real estate to personal property, or 
 conversely, 

 in the absence of unanimous written consent of the unit owners. 

    HIST: 1993 c 222 art 2 s 18; 1994 c 388 art 4 s 8