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515B.2-118 AMENDMENT OF DECLARATION.
(a) 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, subject to the following
qualifications:
(1) A declarant may execute supplemental declarations or amendments under section
515B.2-111 or 515B.2-112.
(2) The association and certain unit owners, as applicable, may execute amendments
under section 515B.2-107, 515B.2-109, 515B.2-112, 515B.2-113, 515B.2-114, 515B.2-119,
515B.2-122, 515B.2-123, or 515B.2-124.
(3) The unanimous written consent of the unit owners is required for any amendment which
(i) creates or increases special declarant rights, (ii) increases the number of units, (iii) changes
the boundaries of any unit, (iv) changes the allocated interests of a unit, (v) changes common
elements to limited common elements or units, (vi) changes the authorized use of a unit from
residential to nonresidential, or conversely, or (vii) changes the characterization of the unit
owner's interest in a cooperative from real estate to personal property, or conversely; unless the
amendment is expressly permitted or required by other provisions of this chapter. Where the
amendment involves the conversion of common elements into a unit or units, the title to the unit
or units created shall, upon recording of the amendment, vest in the association free and clear
of the interests of the unit owners.
(4) The declaration may specify less than 67 percent for approval of an amendment, but 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. If an
amendment (i) changes the number of units, (ii) changes the boundary of a unit, (iii) changes
common elements to limited common elements, or conversely, or (iv) makes any other change that
affects the CIC plat, then an amendment to the CIC plat reflecting the change shall be recorded.
History: 1993 c 222 art 2 s 18; 1994 c 388 art 4 s 8; 1999 c 11 art 2 s 11; 2005 c 121 s 16

Official Publication of the State of Minnesota
Revisor of Statutes