Title Minnesota Statutes, Minnesota Statutes

515A.1-105 PROPERTY TAXATION. § Subdivision 1.Homestead. (a) Each unit together with its common element interest constitutes for all purposes a separate parcel of real estate. (b) If a declaration is recorded prior to 30 days before any installment of real estate taxes becomes pa…

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 prohibi…

515A.1-107 EMINENT DOMAIN. (a) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award shall compensate …

515A.1-108 SUPPLEMENTAL GENERAL PRINCIPLES OF LAW APPLICABLE. The principles of law and equity, including the law of corporations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, dures…

515A.1-109 CONSTRUCTION AGAINST IMPLICIT REPEAL. Sections 515A.1-101 to 515A.4-117 being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be …

515A.1-110 UNIFORMITY OF APPLICATION AND CONSTRUCTION. Sections 515A.1-101 to 515A.4-117 shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of sections 515A.1-101 to 515A.4-117 among states enacting it. Histo…

515A.1-111 SEVERABILITY. If any provision of sections 515A.1-101 to 515A.4-117 or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of sections 515A.1-101 to 515A.4-117 which can be given effect…

515A.1-112 UNCONSCIONABLE AGREEMENT OR TERM OF CONTRACT. (a) The court, upon finding as a matter of law that a contract or contract clause to which the declarant or the affiliate of a declarant is a party was unconscionable at the time the contract was made, may refuse to enforce…

515A.1-113 OBLIGATION OF GOOD FAITH. Every contract or duty governed by sections 515A.1-101 to 515A.4-117 imposes an obligation of good faith in its performance or enforcement. History: 1980 c 582 art 1 s 515.1-113

515A.1-114 REMEDIES TO BE LIBERALLY ADMINISTERED. (a) The remedies provided by sections 515A.1-101 to 515A.4-117 shall be liberally administered to the end that the aggrieved party is put in as good a position as though the other party had fully performed, provided that rights of…

515A.1-115 NOTICE. Except as otherwise stated in sections 515A.1-101 to 515A.4-117 all notices required by sections 515A.1-101 to 515A.4-117 shall be in writing and shall be effective upon hand delivery or upon mailing if properly addressed with postage prepaid and deposited in t…

515A.1-116 EFFECTIVE DATE. Section 515A.1-106 is effective April 17, 1980. History: 1980 c 582 art 1 s 515.1-116

515A.2-101 CREATION OF CONDOMINIUM. (a) A condominium may be created pursuant to sections 515A.1-101 to 515A.4-117 only by recording a declaration executed, in the same manner as a deed, by all persons whose interests in the real estate will be conveyed to unit owners, except ven…

515A.2-102 UNIT BOUNDARIES. Except as otherwise provided by the declaration: (1) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other material…

515A.2-103 CONSTRUCTION AND VALIDITY OF DECLARATION AND BYLAWS. (a) All provisions of the declaration and bylaws are severable. (b) The rule against perpetuities may not be applied to defeat any provision of the declaration or sections 515A.1-101 to 515A.4-117, or any instrument …

515A.2-104 DESCRIPTION OF UNITS. After the declaration is recorded, a description of a unit which sets forth the number of the condominium, the county in which the condominium is located, and the identifying number of the unit, is a sufficient legal description of that unit and i…

515A.2-105 CONTENTS OF DECLARATION; ALL CONDOMINIUMS. The declaration for a condominium shall contain: (1) the name and number of the condominium, which shall include the word "condominium" or be followed by the words "a condominium"; (2) the name of every county in which any par…

515A.2-106 CONTENTS OF DECLARATION; FLEXIBLE CONDOMINIUMS. The declaration for a flexible condominium shall include, in addition to the matters specified in section 515A.2-105: (1) an explicit reservation of any options to add additional real estate; (2) a statement of any time l…

515A.2-107 LEASEHOLD CONDOMINIUMS. (a) Any lease the expiration or termination of which may terminate the condominium shall be recorded and the declaration shall include, in addition to the matters specified in section 515A.2-105: (1) the county of recording and recorder's docume…

515A.2-108 ALLOCATION OF COMMON ELEMENT INTERESTS, VOTES, AND COMMON EXPENSE LIABILITIES. (a) The declaration shall allocate a fraction or percentage of the undivided interests in the common elements, common expenses and votes in the association to each unit in such manner that e…

515A.2-109 COMMON ELEMENTS AND LIMITED COMMON ELEMENTS. Common elements other than limited common elements may be used in common with all unit owners. Except for the limited common elements described in section 515A.2-102(2) and (4), the declaration shall specify to which unit ea…

515A.2-110 CONDOMINIUM PLATS. (a) Condominium plats are a part of the declaration. The condominium plat shall contain a certification by a registered professional land surveyor or registered professional architect, as to the parts of the plat prepared by each, that the condominiu…

515A.2-111 EXPANSION OF FLEXIBLE CONDOMINIUMS. (a) To add additional real estate pursuant to an option reserved under section 515A.2-106(1), all persons having an interest in the additional real estate, excepting any holder of an easement or any holder of an interest to secure an…

515A.2-113 ALTERATIONS OF UNITS. Subject to the provisions of the declaration and other provisions of law, a unit owner: (1) may make any improvements or alterations to the unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion…

515A.2-114 RELOCATION OF BOUNDARIES BETWEEN ADJOINING UNITS. (a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners …

515A.2-115 SUBDIVISION OR CONVERSION OF UNITS. (a) If the declaration expressly so permits, (i) a unit may be subdivided into two or more units, or, (ii) if owned by a declarant, a unit may be subdivided or converted into two or more units, limited common elements, common element…

515A.2-116 MINOR VARIATION IN BOUNDARIES. The existing physical boundaries of a unit or of a unit reconstructed in substantial accordance with the condominium plat are conclusively presumed to be its boundaries regardless of settling or lateral movement of the building. History: …

515A.2-117 USE FOR SALES PURPOSES. If the declaration so provides and specifies the rights of a declarant with regard to their number, size, location and relocation, a declarant may maintain sales offices, management offices, and models in the condominium. Any sales office, manag…

515A.2-118 EASEMENT TO FACILITATE COMPLETION, CONVERSION, AND EXPANSION. Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising spe…

515A.2-119 AMENDMENT OF DECLARATION. (a) Except in cases of amendments which may be executed by a declarant under sections 515A.2-110(c) and (d), 515A.2-111(a); the association under section 515A.1-107(a); or certain unit owners under sections 515A.2-114, 515A.2-115, or 515A.2-12…

515A.2-120 TERMINATION OF CONDOMINIUM. (a) Except in the case of a taking of all the units by eminent domain (section 515A.1-107), a condominium may be terminated only by agreement of unit owners of units to which at least 80 percent of the votes in the association are allocated,…

515A.2-121 RIGHTS OF HOLDERS OF AN INTEREST AS SECURITY FOR AN OBLIGATION. (a) Nothing in sections 515A.1-101 to 515A.4-117 unless expressly stated diminishes the rights of holders of an interest as security for an obligation or prevents the declaration from requiring that all or…

515A.3-101 ORGANIZATION OF UNIT OWNERS' ASSOCIATION. A unit owners' association shall be organized no later than the date the condominium is created. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the c…

515A.3-102 POWERS OF UNIT OWNERS' ASSOCIATION. (a) Unless limited by the provisions of the declaration, the association may: (1) adopt and amend rules and regulations; (2) adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses…

515A.3-103 BOARD OF DIRECTORS, MEMBERS AND OFFICERS. (a) The declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may elect the members of the board of directors. Any period of decla…

515A.3-104 TRANSFER OF SPECIAL DECLARANT RIGHTS. (a) No special declarant rights (section 515A.1-103(18)) created or reserved under sections 515A.1-101 to 515A.4-117 may be transferred except by an instrument evidencing the transfer recorded in every county where any portion of t…

515A.3-105 TERMINATION OF CONTRACTS AND LEASES OF DECLARANT. If entered into prior to expiration of the period of declarant control pursuant to section 515A.3-103, (1) any management contract, employment contract, or lease of recreational or parking areas or facilities, (2) any o…

515A.3-106 BYLAWS. The bylaws and any amendments thereto must be recorded to be effective and shall provide: (a) The meeting of the members shall be held at least once each year and shall specify an officer who shall, at least 21 days in advance of any annual or regularly schedul…

515A.3-107 UPKEEP OF THE CONDOMINIUM. Except to the extent otherwise provided by the declaration or section 515A.3-112(d), the association is responsible for maintenance, repair, and replacement of the common elements and each unit owner is responsible for maintenance, repair, an…

515A.3-111 TORT AND CONTRACT LIABILITY. (a) If a tort or breach of contract occurred during any period of declarant control (section 515A.3-103), the declarant shall indemnify the association for all liability incurred by the association as a result of that tort or breach of cont…

515A.3-112 INSURANCE. (a) Commencing not later than the time of the first conveyance of a unit to a unit owner other than a declarant, the association shall maintain, to the extent reasonably available: (1) Property insurance on the common elements and units, exclusive of land, e…

515A.3-113 SURPLUS FUNDS. Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves shall be credited to the unit owners to reduce their future common expense asses…

515A.3-114 ASSESSMENTS FOR COMMON EXPENSES. (a) Until the association levies a common expense assessment, the declarant shall pay all accrued expenses of the condominium. After any assessment has been levied by the association, assessments shall be levied at least annually and sh…

515A.3-115 LIEN FOR ASSESSMENTS. (a) The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes payable. The association's lien may be foreclosed as provided by the laws of this state as if it were a lien under a mortgage…

515A.3-116 ASSOCIATION RECORDS. The association shall keep financial records sufficiently detailed to enable the association to comply with section 515A.4-107. All financial records shall be made reasonably available for examination by any unit owner and the unit owner's authoriz…

515A.3-117 ASSOCIATION AS TRUSTEE. With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inq…