2005 Minnesota Statutes

     515B.2-111 Expansion of flexible common interest 
  community. 

    (a) To add additional real estate pursuant to a right 
 reserved under section 515B.2-106(a)(1), the declarant and all 
 persons whose interests in the additional real estate will be 
 conveyed to unit owners or the association, except vendors under 
 a contract for deed, shall execute and record a supplemental 
 declaration as provided in this section.  The supplemental 
 declaration shall be titled a "supplemental declaration," shall 
 be limited to matters authorized by this section, and shall 
 include: 

    (1) a legally sufficient description of the real estate 
 added by the supplemental declaration; 

    (2) a description of the boundaries of each unit created by 
 the supplemental declaration, consistent with the declaration, 
 and the unit's unit identifier; 

    (3) in a planned community containing common elements, a 
 legally sufficient description of the common elements; 

    (4) a reallocation of the common element interests, votes 
 in the association, and common expense liabilities as 
 applicable, in compliance with the declaration and section 
 515B.2-108; 

    (5) a description of any limited common elements formed out 
 of the additional real estate, designating the unit to which 
 each is allocated to the extent required by section 515B.2-109; 

    (6) a statement as to whether or not the period of 
 declarant control has terminated, regardless of the reason for 
 such termination; and 

    (7) an attached affidavit attesting to the giving of the 
 notice required by subsection (b), if such notice is required. 

    (b) If the period of declarant control has terminated, a 
 declarant shall give notice of its intention to add additional 
 real estate to the association (Attention:  president of the 
 association) by a notice given in the manner provided in section 
 515B.1-115 not less than 15 days prior to recording the 
 supplemental declaration which adds the additional real estate.  
 A copy of the supplemental declaration shall be attached to the 
 notice.  The supplemental declaration may be in proposed form; 
 however, following notice, the supplemental declaration shall 
 not be changed so as to materially and adversely affect the 
 rights of unit owners or the association unless a new 15-day 
 notice is given in accordance with this section. 

    (c) A lien upon the additional real estate that is not also 
 upon the existing common interest community is a lien only upon 
 the units, and their respective interest in the common elements 
 (if any), that are created from the additional real estate.  
 Units within the common interest community as it existed prior 
 to expansion are transferred free of liens that existed only 
 upon the additional real estate, notwithstanding the fact that 
 the interest in the common elements is a portion of the entire 
 common interest community, including the additional real estate. 

    (d) If a supplemental declaration in a planned community 
 creates common elements, then a conveyance of the common 
 elements to the association shall be recorded simultaneously 
 with the supplemental declaration.  If a supplemental 
 declaration adds additional real estate to a cooperative, then a 
 conveyance of the additional real estate to the association 
 shall be recorded simultaneously with the supplemental 
 declaration. 

    HIST: 1993 c 222 art 2 s 11; 2005 c 121 s 13