2006 Minnesota Statutes

515B.4-111 CONVERSION PROPERTY.
(a) A unit owner of a unit occupied for residential use in a common interest community
containing conversion property shall not, for a period of one year following the recording of the
declaration creating the common interest community, require any occupant of the unit to vacate
the unit unless the unit owner gives notice to the occupant in the manner described in this section.
The notice shall be given no later than 120 days before the occupant is required to vacate the unit.
The notice shall be sufficient as to all occupants of a unit if it is hand delivered or mailed to the
unit to be vacated, addressed to the occupants thereof. If the holder of the lessee's interest in the
unit has given the unit owner an address different than that of the unit, then the notice shall also
be given to the holder of the lessee's interest at the designated address. The notice shall comply
with the following requirements:
(1) The notice shall set forth generally the rights conferred by this section.
(2) The notice shall have attached to the notice intended for the holder of the lessee's interest
a form of purchase agreement setting forth the terms of sale contemplated by subsection (d) and
a statement of any significant restrictions on the use and occupancy of the unit to be imposed
by the declarant.
(3) The notice shall state that the occupants of the residential unit may demand to be given
60 additional days before being required to vacate, if any of them, or any person residing with
them, is (i) 62 years of age or older, (ii) a person with a disability as defined in section 268A.01,
or (iii) a minor child on the date the notice is given. This demand must be in writing, contain
reasonable proof of qualification, and be given to the declarant within 30 days after the notice of
conversion is delivered or mailed.
(4) The notice shall be contained in an envelope upon which the following shall be boldly
printed: "Notice of Conversion."
(b) Notwithstanding subsection (a), an occupant may be required to vacate a unit upon less
than 120 days' notice by reason of nonpayment of rent, utilities or other monetary obligations,
violations of law, waste, or conduct that disturbs other occupants' peaceful enjoyment of the
premises. The terms of the tenancy may not be altered during the notice period, except that the
holder of the lessee's interest or other party in possession may vacate and terminate the tenancy
upon one month's written notice to the declarant. Nothing in this section prevents the unit owner
and any occupant from agreeing to a right of occupancy on a month-to-month basis beyond the
120-day notice period, or to an earlier termination of the right of occupancy.
(c) No repair work or remodeling may be commenced or undertaken in the occupied units or
common areas of the building during the notice period, unless reasonable precautions are taken to
ensure the safety and security of the occupants.
(d) For 60 days after delivery or mailing of the notice described in subsection (a), the holder
of the lessee's interest in the unit on the date the notice is mailed or delivered shall have an option
to purchase that unit on the terms set forth in the purchase agreement attached to the notice. The
purchase agreement shall contain no terms or provisions which violate any state or federal law
relating to discrimination in housing. If the holder of the lessee's interest fails to purchase the unit
during that 60-day period, the unit owner may not offer to dispose of an interest in that unit during
the following 180 days at a price or on terms more favorable to the offeree than the price or terms
offered to the holder. This subsection does not apply to any unit in a conversion building if that
unit will be restricted exclusively to nonresidential use or if the boundaries of the converted unit
do not substantially conform to the boundaries of the residential unit before conversion.
(e) If a unit owner, in violation of subsection (b), conveys a unit to a purchaser for value
who has no knowledge of the violation, the recording of the deed conveying the unit or, in a
cooperative, the conveyance of the right to possession of the unit, extinguishes any right a holder
of a lessee's interest who is not in possession of the unit may have under subsection (d) to
purchase that unit, but the conveyance does not affect the right of the holder to recover damages
from the unit owner for a violation of subsection (d).
(f) If a notice of conversion specifies a date by which a unit or proposed unit must be vacated
or otherwise complies with the provisions of chapter 504B, the notice also constitutes a notice
to vacate specified by that statute.
(g) Nothing in this section permits a unit owner to terminate a lease in violation of its terms.
(h) Failure to give notice as required by this section is a defense to an action for possession
until a notice complying with this section is given and the applicable notice period terminates.
History: 1993 c 222 art 4 s 11; 1999 c 11 art 2 s 30; 1999 c 199 art 2 s 31; 2005 c 121 s 41