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515B.1-116 RECORDING.
(a) A declaration, bylaws, any amendment to a declaration or bylaws, and any other
instrument affecting a common interest community shall be entitled to be recorded. In those
counties which have a tract index, the county recorder shall enter the declaration in the tract
index for each unit or other tract affected. The county recorder shall not enter the declaration in
the tract index for lands described as additional real estate, unless such lands are added to the
common interest community pursuant to section 515B.2-111. The registrar of titles shall file the
declaration in accordance with section 508.351 or 508A.351. The registrar of titles shall not file
the declaration upon certificates of title for lands described as additional real estate, unless such
lands are added to the common interest community pursuant to section 515B.2-111.
(b) The recording officer shall upon request promptly assign a number (CIC number) to a
common interest community to be formed or to a common interest community resulting from the
merger of two or more common interest communities.
(c) Documents recorded pursuant to this chapter shall in the case of registered land be filed,
and references to the recording of documents shall mean filed in the case of registered land.
(d) Subject to any specific requirements of this chapter, if a recorded document relating
to a common interest community or a master association purports to require a certain vote or
signatures approving any restatement or amendment of the document by a certain number or
percentage of unit owners or secured parties, and if the amendment or restatement is to be
recorded, an affidavit of the president or secretary of the association stating that the required vote
or signatures have been obtained shall be attached to the document to be recorded and shall
constitute prima facie evidence of the representations contained therein.
(e) If a common interest community is located on registered land, the recording fee for any
document affecting two or more units shall be $46 for the first ten affected certificates and $10 for
each additional affected certificate. This provision shall not apply to recording fees for deeds of
conveyance, with the exception of deeds given pursuant to sections 515B.2-119 and 515B.3-112.
The same fees shall apply to recording any document affecting two or more units or other parcels
of real estate subject to a master declaration.
(f) Except as permitted under this subsection, a recording officer shall not file or record a
declaration creating a new common interest community, unless the county treasurer has certified
that the property taxes payable in the current year for the real estate included in the proposed
common interest community have been paid. This certification is in addition to the certification
for delinquent taxes required by section 272.12. In the case of preexisting common interest
communities, the recording officer shall accept, file, and record the following instruments,
without requiring a certification as to the current or delinquent taxes on any of the units in the
common interest community: (i) a declaration subjecting the common interest community to this
chapter; (ii) a declaration changing the form of a common interest community pursuant to section
515B.2-123; or (iii) an amendment to or restatement of the declaration, bylaws, or CIC plat. In
order for an instrument to be accepted and recorded under the preceding sentence, the instrument
must not create or change unit or common area boundaries.
History: 1993 c 222 art 1 s 16; 1994 c 388 art 4 s 4; 1995 c 92 s 6; 1997 c 84 art 1 s 6;
1999 c 11 art 2 s 3; 2000 c 320 s 4; 2001 c 50 s 28; 2003 c 127 art 5 s 45; 2005 c 121 s 5; 2005 c
136 art 14 s 11; 1Sp2005 c 7 s 15

Official Publication of the State of Minnesota
Revisor of Statutes