2006 Minnesota Statutes

508A.351 CONDOMINIUM CERTIFICATE.
    Subdivision 1.[Repealed, 2001 c 50 s 37]
    Subd. 1a. Declaration. Prior to filing with the registrar of titles of a declaration or bylaws for
a condominium, or an amendment to the declaration or bylaws, a determination must be made
by an order of court in a proceeding subsequent to initial registration or by a written directive
of the examiner of titles that the documents comply with the requirements of the applicable
condominium statute.
    Subd. 2. Removal. The registrar of titles shall carry forward the memorial set forth in
subdivision 1 until directed to remove it by a court order as provided for in section 508A.71.
    Subd. 2a. Form of common elements certificate of title. Upon the filing of a declaration
creating a condominium, the registrar shall issue a certificate of title, designated as a "common
elements certificate of title," ("CECT"). It must be in substantially the following form:

COMMON ELEMENTS CERTIFICATE OF TITLE (CECT)

This is the Common Elements Certificate of Title for Condominium CIC No. ...........

		State of Minnesota		)
				) ss
		County of		)

This is to certify that the common elements in condominium CIC No. ....... are subject to the
encumbrances, liens, and interests noted by the memorials set forth as follows:
In witness whereof, I have hereunto subscribed my name and affixed the seal of my office,
this ....... day of ......., .....

		Registrar of Titles, in and for the
		County of
		and State of Minnesota

    Subd. 3. Tract index. CECTs must be maintained in the same manner as provided for
certificates of title under chapter 508 and must be indexed in the tract index as provided in section
508.37, subdivision 1a. The names of the owners in the tract index must be "unit owners." The
description of the registered land in the tract index must be "common elements" or "CECT."
    Subd. 4. Unit certificates. CPTs issued for the units described in the declaration must
contain, immediately following the description of the unit, a statement in substantially the
following form: "subject to encumbrances, liens, and interests noted on CECT No. ......."
    Subd. 5. Memorials. The condominium declaration, bylaws, any amendment to the
declaration or bylaws; any lien against the common elements pursuant to chapter 514; any fixture
filings pursuant to section 336.9-314 where the financing statement describes the common
elements; any easement on the common elements pursuant to section 515B.3-102, subsection
(a)(9); any instrument evidencing the transfer of a special declarant right pursuant to section
515B.3-104; and any conveyance or encumbrance of the common elements pursuant to section
515B.3-112 must be entered as memorials on the CECT only.
    Subd. 6. Preexisting condominiums. In the case of a condominium existing prior to August
1, 2001, on registered land, for which no CECT has been issued, upon the filing of a document
of the kind specified in section 508.351, subdivision 4, the registrar shall issue a CECT, but
documents filed prior to the issuance of the CECT need not be entered as memorials on the
CECT. The registrar for no additional fee shall mark by the land description on the certificate
of title for each of the units in the condominium a statement in substantially the following
form: "subject to encumbrances, liens, and interests noted in CECT No. ......." and in future
certificates for each unit in the condominium insert, immediately following the description of
the Unit, a statement in substantially the following form: "subject to encumbrances, liens and
interests noted on CECT No. ........"
History: 1982 c 396 s 28; 2001 c 50 s 18-23,38