2006 Minnesota Statutes

515A.1-106 APPLICABILITY OF LOCAL ORDINANCES, REGULATIONS, AND
BUILDING CODES.
(a) Except as provided in subsections (b) and (c), a zoning, subdivision, building code, or
other real estate use law, ordinance, charter provision, or regulation may not directly or indirectly
prohibit the condominium form of ownership or impose any requirement upon a condominium,
upon the creation or disposition of a condominium or upon any part of the condominium
conversion process which it would not impose upon a physically similar development under a
different form of ownership. Otherwise, no provision of sections 515A.1-101 to 515A.4-117
invalidates or modifies any provision of any zoning, subdivision, building code, or other real
estate use law, ordinance, charter provision, or regulation.
(b) Subsection (a) shall not apply to any ordinance, rule, regulation, charter provision or
contract provision relating to the financing of housing construction, rehabilitation, or purchases
provided by or through a housing finance program established and operated pursuant to state or
federal law by a state or local agency or local unit of government.
(c) A statutory or home rule charter city, pursuant to an ordinance or charter provision
establishing standards to be applied uniformly within its jurisdiction, may prohibit or impose
reasonable conditions upon the conversion of buildings to the condominium form of ownership
only if there exists within the city a significant shortage of suitable rental dwellings available to
low and moderate income individuals or families or to establish or maintain the city's eligibility
for any federal or state program providing direct or indirect financial assistance for housing to the
city. Prior to the adoption of an ordinance pursuant to the authority granted in this subsection, the
city shall conduct a public hearing.
Any ordinance or charter provision adopted pursuant to this subsection shall not apply
to any conversion condominium or proposed conversion condominium for which a bona fide
loan commitment for a consideration has been issued by a lender and is in effect on the date of
adoption of the ordinance or charter provision, or for which a notice of condominium conversion
or intent to convert prescribed by section 515A.4-110(a), containing a termination of tenancy, has
been given to at least 75 percent of the tenants and subtenants in possession prior to the date of
adoption of the ordinance or charter provision.
(d) For purposes of providing marketable title, a statement in the declaration showing that
the condominium is not subject to an ordinance or showing that any conditions required under
an ordinance have been complied with shall be prima facie evidence that the condominium
was not created in violation thereof.
(e) A violation of an ordinance or charter provision adopted pursuant to the provisions of
subsections (b) or (c) shall not affect the validity of a condominium. This subsection shall not be
construed to in any way limit the power of a city to enforce the provisions of an ordinance or
charter provision adopted pursuant to subsections (b) or (c).
Any ordinance or charter provision enacted hereunder shall not be effective for a period
exceeding 18 months.
History: 1980 c 582 art 1 s 515.1-106