reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.2-107 — Leasehold Condominiums.

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 document number for the lease;
(2) the date on which the lease is scheduled to expire;
(3) any right of the unit owners to purchase the lessor's interest in the real estate and the manner whereby those rights may be exercised, or a statement that they do not have those rights;
(4) any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and
(5) any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.
(b) After the declaration for a leasehold condominium is recorded, neither the lessor nor a successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of the unit owner's share of the rent which shall be the same portion thereof as that of that unit owner's common area expense and who otherwise complies so far as practicable with a share of all other covenants which, if violated, would entitle the lessor to terminate the lease. No unit owner's leasehold interest is affected by failure of any other person to pay rent or fulfill any other covenant.
(c) Acquisition of the leasehold interest of any unit owner by the lessor does not merge the leasehold and fee simple interests and the lessor shall hold the title to the unit subject to the declaration unless the leasehold interests of all unit owners subject to the lease are so acquired.
History:
1980 c 582 art 2 s 515.2-107; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.2-108 — Allocation Of Common Element Interests, Votes, And Common Expense Liabilities.

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 each of the items is equally allocated or is allocated according to the proportion of the area or volume of each unit to the area or volume of all units, and the items need not be allocated the same for all purposes. The declaration may provide that a portion of each common expense assessment may be allocated on the basis of equality and the remainder on the basis of area or volume of each unit. The sum of the percentages or fractions shall equal 100 percent or 1.
(b) Except in the case of eminent domain (section 515A.1-107), expansion of a flexible condominium (section 515A.2-111), relocation of boundaries between adjoining units (section 515A.2-114), or subdivision of units (section 515A.2-115), the common element interest, votes and common expense liability allocated to any unit may not be altered, except as an amendment to the declaration which is signed by all unit owners and first mortgagees, and which complies with section 515A.2-119. The common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an undivided interest or involuntary transfer of an undivided interest in the common elements without the unit to which the interest is allocated is void.
(c) The association may assess certain common expenses against fewer than all units pursuant to section 515A.3-114.
History:
1980 c 582 art 2 s 515.2-108
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.2-109 — Common Elements And Limited Common Elements.

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 each limited common element is allocated.
History:
1980 c 582 art 2 s 515.2-109
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.2-111 — Expansion Of Flexible Condominiums.

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 obligation which interest was recorded or created subsequent to the recording of the declaration, shall prepare and execute and, after notice as provided in subsection (b), record an amendment to the declaration. The amendment to the declaration shall assign an identifying number to each unit formed in the additional real estate, and reallocate common element interests, votes in the association, and common expense liabilities according to section 515A.2-108. The amendment shall describe or delineate any limited common elements formed out of the additional real estate, showing or designating the unit to which each is allocated to the extent required by section 515A.2-109 (Limited Common Elements).
(b) The declarant shall serve notice of an intention to add additional real estate as follows:
(1) To the association in the same manner as service of summons in a civil action in district court at least 30 days prior to recording the amendment. The amendment shall be attached to the notice and shall not thereafter be changed so as to materially affect the rights of unit owners.
(2) To the occupants of each unit by notice given in the manner provided in section 515A.1-115 not less than 20 days prior to recording the amendment addressed to "Occupant Entitled to Legal Notice" at each unit. Attached to the notice shall be a statement that the amendment has been served on the association.
(3) Proof of service upon the association and the occupants shall be attached to the recorded amendment.
(c) A lien upon the additional real estate that is not also upon the existing condominium is a lien only upon the units and their percentage of the common elements that are created from the additional real estate. Units within the condominium as it existed prior to expansion are transferred free of liens that are liens only upon the additional real estate, notwithstanding the fact that the percentage of common elements for the units is a percentage of the entire condominium, including the additional real estate.
History:
1980 c 582 art 2 s 515.2-111; 1986 c 444; 1989 c 98 s 2
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.2-113 — Alterations Of Units.

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 of the condominium;
(2) after acquiring an adjoining unit or an adjoining part of an adjoining unit, may with consent of the association and first mortgagees of the affected units, remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. The adjoining unit owners shall have the exclusive license to use the space occupied by the common elements, but the use shall not create an easement or vested right. Removal of partitions or creation of apertures under this paragraph is not an alteration of boundaries. The association may reasonably require that the owner or owners of units affected replace or restore any such partition.
History:
1980 c 582 art 2 s 515.2-113; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.2-114 — Relocation Of Boundaries Between Adjoining Units.

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 of those units. The owners of the adjoining units shall specify the proposed reallocation between their units of their common element interests, votes in the association, and common expense liabilities in the application and in accord with section 515A.2-108. Unless the board of directors determines within 60 days after receipt of the application by the association that the proposed amendment is not in the best interests of the condominium, the unit owners shall prepare an amendment which shall identify the units involved, state the reallocation, be executed by those unit owners and by any holder of an interest as security for an obligation, contain words of conveyance between them, contain written consent of the association, and upon recordation be indexed in the name of the grantor and the grantee. The amendment shall include an amended floor plan or if amended after July 31, 1986, an amended condominium plat, to show the altered boundaries between the adjoining units and their dimensions and identifying numbers. If a holder of an interest as security for an obligation joins in the amendment pursuant to this section, the extent of the interest and the remedies shall be deemed to be modified as provided in the amendment. The association shall incur no liability to any party by reason of performing those acts enumerated in this section.
(b) The association may require the owners of the affected units to build a boundary wall and other common elements between the units.
(c) The applicant shall deliver a certified copy of the amendment to the association.
History:
1980 c 582 art 2 s 515.2-114; 1986 c 342 s 8
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.2-115 — Subdivision Or Conversion Of Units.

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 elements, or a combination of units, limited common elements and common elements. Subject to the provisions of the declaration and other provisions of law, the unit owner shall prepare and execute an amendment to the declaration, including the floor plans or if amended after July 31, 1986, the condominium plat, subdividing or converting that unit. The amendment to the declaration shall be executed by the unit owner and any holder of an interest as security for an obligation of the unit to be subdivided or converted, assign an identifying number to each unit created, and reallocate the common element interest, votes in the association, and common expense liability formerly allocated to the subdivided unit to the units in accord with section 515A.2-108.
(b) The unit owner shall deliver a certified copy of the recorded amendment to the association.
(c) In the case of a unit owned by a declarant, if a declarant converts part or all of a unit to common elements, the amendment to the declaration shall reallocate among the other units the common element interest, votes in the association, and common expense liability formerly allocated to the converted unit or portion thereof on the same basis used for the initial allocation thereof.
(d) If a holder of an interest as security for an obligation joins in the amendment pursuant to this section, the interest and remedies shall be deemed to apply to the units and the common element interests that result from the subdivision or conversion under this section. In the event of enforcement of any remedy, including foreclosure by advertisement, all instruments and notices shall describe the subject property in terms of the amended description.
History:
1980 c 582 art 2 s 515.2-115; 1986 c 342 s 9
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.2-116 — Minor Variation In Boundaries.

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:
1980 c 582 art 2 s 515.2-116; 1986 c 342 s 10
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.2-117 — Use For Sales Purposes.

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, management office, or model not designated a unit by the declaration is a common element, and a declarant ceasing to be a unit owner, ceases to have any rights with regard thereto unless it is removed promptly from the condominium in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the condominium.
History:
1980 c 582 art 2 s 515.2-117; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.2-118 — Easement To Facilitate Completion, Conversion, And Expansion.

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 special declarant rights, whether arising under sections 515A.1-101 to 515A.4-117 or reserved in the declaration.
History:
1980 c 582 art 2 s 515.2-118
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.2-119 — Amendment Of Declaration.

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.2-120(b), and except as limited by subsection (d), the declaration may be amended by the association only by a vote or written agreement of unit owners to which at least 67 percent of the votes in the association are allocated, and 67 percent of the first mortgagees of the units (each mortgagee having one vote per unit financed) or any larger or smaller majority the declaration specifies. The declaration may specify any percentage if all of the units are restricted exclusively to nonresidential use.
(b) Every amendment to the declaration shall be recorded in every county in which any portion of the condominium is located, and is effective only when recorded.
(c) Except to the extent expressly permitted or required by other provisions of sections 515A.1-101 to 515A.4-117, no amendment may create or increase special declarant rights, increase the number of units, convert common elements to limited common elements, or change the boundaries of any unit, the common element interest, common expense liability, or voting strength in the association allocated to a unit, or the uses to which any unit is restricted, in the absence of unanimous written agreement of the unit owners and holders of an interest as security for an obligation.
(d) Limited common elements shall not be altered without the written agreement of the unit owners and holders of an interest to secure an obligation of the units to which the limited common elements are allocated.
(e) An affidavit of the secretary of the association stating that the votes or agreements required by this section have occurred, shall be attached to the amendment and shall constitute prima facie evidence of the representations contained therein.
History:
1980 c 582 art 2 s 515.2-119
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.2-121 — Rights Of Holders Of An Interest As Security For An Obligation.

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 a specified number or percentage of holders of an interest as security for an obligation affecting the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to (1) deny or delegate control over the general administrative affairs of the association by the unit owners, or (2) prevent the association from commencing, intervening in or settling any litigation or proceeding, or receiving and distributing any insurance proceeds pursuant to section 515A.3-112.
(b) Foreclosure or enforcement of an interest as security for an obligation against the entire condominium does not of itself terminate the condominium. Foreclosure or enforcement of an interest as security for an obligation against a portion of the condominium without redemption withdraws that portion from the condominium unless (i) the interest is recorded subsequent to the recording of the declaration or is otherwise subordinate to the declaration, or (ii) the holder or the holder's predecessor has issued a release or deed for a unit.
History:
1980 c 582 art 2 s 515.2-121; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.3-101 — Organization Of Unit Owners' Association.

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 condominium, of all former unit owners entitled to distributions of proceeds under section 515A.2-120, or their heirs, successors, or assigns. The association shall be organized as a profit or nonprofit corporation.
History:
1980 c 582 art 3 s 515.3-101
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.3-102 — Powers Of Unit Owners' Association.

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 from unit owners;
(3) hire and terminate managing agents and other employees, agents, and independent contractors;
(4) institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the condominium;
(5) regulate the use, maintenance, repair, replacement and modification of common elements;
(6) cause improvements to be made as a part of the common elements;
(7) grant leases, licenses, and concessions not to exceed one year and utility easements through or over the common elements; provided, however, that after conveyance to owners other than the declarant or affiliate of a declarant of units to which more than 50 percent of the voting power is allocated, the association may by resolution of a meeting of the members duly called grant leases, licenses, and concessions in excess of one year and easements through or over the common elements;
(8) impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements other than limited common elements described in section 515A.2-102(2) and (4);
(9) impose reasonable charges including reasonable costs and attorneys' fees, for the evaluation, preparation and recordation of amendments to the declaration, resale certificates required by section 515A.4-107, or statements of unpaid assessments;
(10) provide for the indemnification of its officers and board and maintain directors' and officers' liability insurance;
(11) impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association;
(12) exercise any other powers conferred by state law, the declaration, or bylaws.
(b) Notwithstanding subsection (a), the declaration may not impose limitations on the power of the association to deal with the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons.
History:
1980 c 582 art 3 s 515.3-102
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.3-103 — Board Of Directors, Members And Officers.

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 declarant control extends from the date of the first conveyance of a unit to a unit owner other than a declarant for a period not exceeding five years in the case of a flexible condominium or three years in the case of any other condominium. Regardless of the period provided in the declaration, a period of declarant control terminates upon surrender of control by the declarant or no later than 60 days after conveyance of 75 percent of the units to unit owners other than a declarant.
(b) Not later than 60 days after conveyance of 50 percent of the units to unit owners other than a declarant not less than 33-1/3 percent of all of the members of the board of directors shall be elected by unit owners other than the declarant.
(c) Not later than the termination of the period of declarant control and thereafter the unit owners shall elect a board of directors of at least three members, at least a majority of whom shall be unit owners or the individual nominees of unit owners other than individuals. The board of directors shall elect the officers. The persons elected shall take office upon election.
(d) In determining whether the period of declarant control has terminated under subsection (a), or whether unit owners other than a declarant are entitled to elect members of the board of directors under subsection (b), the percentage of the units which has been conveyed is presumed to be that percentage which would have been conveyed if all the units which the declarant has built or reserved the right to build in the declaration were included in the condominium.
History:
1980 c 582 art 3 s 515.3-103; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.3-105 — Termination Of Contracts And Leases Of Declarant.

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 other contract or lease binding the association or any unit owner other than the declarant or an affiliate of the declarant to which a declarant or an affiliate of a declarant is a party, or (3) any contract or lease binding the association or any unit owner other than the declarant or an affiliate of the declarant which is not bona fide or which was unconscionable to the unit owners at the time entered into under the circumstances then prevailing, may be terminated without penalty by the association at any time after the expiration of declarant control upon not less than 90 days' notice to the other party. This section does not apply to any lease the termination of which would terminate the condominium.
History:
1980 c 582 art 3 s 515.3-105
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.3-106 — Bylaws.

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 scheduled meeting and at least seven days in advance of any other meeting, send to each unit owner notice of the time, place and complete agenda of the meeting. The notice shall be hand delivered or sent by United States mail to all unit owners of record at the address of the respective units and to other addresses as any of them may have designated to the officer.
(b) No vote in the association of unit owners shall be deemed to inure to any unit during the time when the unit owner is the association.
(c) For a mechanism to resolve disputes regarding voting among more than one unit owner of a unit in such a way that the vote allocated to the unit is not split or otherwise cast separately by the several unit owners.
(d) An annual report be prepared by the association and a copy of the report be provided to each unit owner and the report contain a minimum of the following:
(1) A statement of any capital expenditures in excess of two percent of the current budget or $5,000 whichever is the greater anticipated by the association during the current year or succeeding two fiscal years.
(2) A statement of the status and amount of any reserve or replacement fund and portion of the fund designated for any specified project by the board of directors.
(3) A copy of the statement of financial condition for the association for the last fiscal year.
(4) A statement of the status of any pending suits or judgments to which the association is a party.
(5) A statement of the insurance coverage provided by the association.
(6) A statement of any unpaid assessments by the association on individual units identifying the unit number and the amount of the unpaid assessment.
History:
1980 c 582 art 3 s 515.3-106
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.3-107 — Upkeep Of The Condominium.

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, and replacement of the owner's unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through the unit reasonably necessary for those purposes.
If damage is inflicted on the common elements or any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof.
History:
1980 c 582 art 3 s 515.3-107; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.3-111 — Tort And Contract Liability.

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 contract, including legal fees. Any statute of limitation affecting the association's right of action under this section is tolled until the period of declarant control terminates.
(b) No unit owner shall have tort liability arising out of ownership of the common elements provided that the association has liability insurance coverage on the occurrence in an amount not less than $1,000,000.
History:
1980 c 582 art 3 s 515.3-111; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.3-113 — Surplus Funds.

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 assessments.
History:
1980 c 582 art 3 s 515.3-113
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.3-114 — Assessments For Common Expenses.

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 shall be based on a budget adopted at least annually by the association.
(b) Except for assessments under subsections (c) and (d), common expenses shall be assessed against all the units in accordance with the common expense liability allocated to each unit (section 515A.2-108). Any past due assessment or installment thereof shall bear interest at the rate established by the association not exceeding the rate of interest provided in section 549.09.
(c) Except as provided by the declaration any common expense associated with the maintenance, repair, or replacement of a limited common element shall be assessed against the unit or in equal shares against the units to which that limited common element was assigned at the time the expense was incurred.
(d) If the declaration so provides, the association may assess any common expense benefiting less than all of the units against the units benefited. In that case the common expense shall be allocated among units benefited in proportion to their common expense liability.
History:
1980 c 582 art 3 s 515.3-114
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.3-115 — Lien For Assessments.

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 containing a power of sale but the association shall give reasonable notice of its action to all lienholders of the unit whose interest would be affected. The rights of the parties shall be the same as those provided by law except that the period of redemption for unit owners shall be six months from the date of sale. Unless the declaration otherwise provides, fees, charges, late charges, and interest charges pursuant to section 515A.3-102(a), (9), and (11) are enforceable as assessments under this section.
(b) A lien under this section is prior to all other liens and encumbrances on a unit except (1) liens and encumbrances recorded before the recordation of the declaration, (2) any recorded mortgage on the unit securing a first mortgage holder, and (3) liens for real estate taxes and other governmental assessments or charges against the unit. This subsection does not affect the priority of mechanics' or material suppliers' liens.
(c) Recording of the declaration constitutes record notice and perfection of the lien, and no further recordation of any claim of lien for assessment under this section is required.
(d) Proceedings to enforce an assessment must be instituted within three years after the last installment of the assessment becomes payable.
(e) Unit owners at the time an assessment is payable are personally liable to the association for payment of the assessments.
(f) A foreclosure sale, judgment, or decree in any action, proceeding, or suit brought under this section shall include costs and reasonable attorney's fees for the prevailing party.
(g) The association shall furnish to a unit owner or the owner's authorized agent upon written request of the unit owner or the authorized agent a recordable statement setting forth the amount of unpaid assessments currently levied against the owner's unit. The statement shall be furnished within ten business days after receipt of the request and is binding on the association and every unit owner.
History:
1980 c 582 art 3 s 515.3-115; 1985 c 251 s 14; 1986 c 444; 1989 c 209 art 1 s 41
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.3-116 — Association Records.

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 authorized agents.
History:
1980 c 582 art 3 s 515.3-116; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.3-117 — Association As Trustee.

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 inquire whether the association has power to act as trustee or is properly exercising trust powers and a third person, without actual knowledge that the association is exceeding its powers or improperly exercising them, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.
History:
1980 c 582 art 3 s 515.3-117
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-101 — Applicability; Waiver.

515A.4-101 APPLICABILITY; WAIVER.
(a) Sections 515A.4-101 to 515A.4-118 apply to all units subject to sections 515A.1-101 to 515A.4-117 except as provided in subsection (b) and section 515A.4-113 or as modified or waived by agreement of purchasers of units in a condominium in which all units are restricted to nonresidential use.
(b) A disclosure statement need not be prepared in case of:
(1) a gratuitous transfer of a unit;
(2) a disposition pursuant to court order;
(3) a disposition by a government or governmental agency;
(4) a disposition by foreclosure or deed in lieu of foreclosure and subsequent disposition by the purchaser at mortgage foreclosure sale, or grantee in the deed in lieu of foreclosure;
(5) a transfer to which section 515A.4-107 (Resales of Units) applies.
History:
1980 c 582 art 4 s 515.4-101
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-104 — Same; Conversion Condominiums.

515A.4-104 SAME; CONVERSION CONDOMINIUMS.
The disclosure statement of a conversion condominium the units of which may be used for residential purposes shall contain, in addition to the information required by section 515A.4-102:
(a) A professional opinion prepared by an architect licensed in this state or a registered professional engineer licensed in this state, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the condominium to the extent reasonably ascertainable without disturbing the improvements or dismantling the equipment;
(b) A statement by the declarant of the expected useful life of each item reported on in subsection (a) or a statement that no representations are made in this regard;
(c) A list of any outstanding notices of uncured violations of building code or other municipal regulations, which will be outstanding at the time of the first conveyance of a unit, together with the estimated cost of curing those violations.
History:
1980 c 582 art 4 s 515.4-104
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-106 — Purchaser's Right To Cancel.

515A.4-106 PURCHASER'S RIGHT TO CANCEL.
(a) Unless delivery of a disclosure statement is not required under section 515A.4-101(b), a declarant shall provide at least one of the purchasers of a unit with a copy of a disclosure statement not later than the date of any purchase agreement. Unless a purchaser is given the disclosure statement more than 15 days prior to execution of a purchase agreement for the unit, the purchaser may, prior to the conveyance, cancel the agreement within 15 days after receiving the disclosure statement.
If the conveyance occurs within 15 days after the date of the execution of the purchase agreement by the purchaser, any purchaser may waive in writing all rights to receive a disclosure statement under this section.
(b) A purchaser who elects to cancel a purchase agreement pursuant to subsection (a), may do so by hand delivering notice thereof to the declarant or by mailing notice thereof by postage prepaid United States mail to the declarant or to the declarant's agent for service of process. Cancellation is without penalty, and all payments made by the purchaser pursuant to the purchase agreement shall be refunded promptly.
(c) If a declarant fails to provide a purchaser to whom a unit is conveyed with a disclosure statement and all amendments thereto as required by subsections (a) and (d), that purchaser, in addition to any rights to damages or other relief, is entitled to receive from the declarant an amount not to exceed five percent of the sales price of the unit.
(d) The disclosure statement and any information furnished in connection therewith may be amended prior to conveyance if the amendment is delivered to the purchaser to whom the disclosure statement was delivered. If the amendment materially adversely affects a purchaser, then the purchaser shall have 15 days after delivery of the amendment to cancel the purchase agreement in accordance with this section.
History:
1980 c 582 art 4 s 515.4-106; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-107 — Resales Of Units.

515A.4-107 RESALES OF UNITS.
(a) In the event of a resale of a unit by a unit owner other than a declarant, the unit owner shall furnish to a purchaser before execution of any purchase agreement for a unit, or otherwise before conveyance, a copy of the declaration, other than the condominium plat, the bylaws, the rules and regulations of the association, and any amendments thereto, and a certificate dated not more than 90 days prior to the date of the purchase agreement or otherwise before conveyance, containing:
(1) a statement disclosing any right of first refusal or other restraint on the free alienability of the unit contained in the declaration, bylaws, rules and regulations, or any amendment thereof;
(2) a statement setting forth the amount of periodic installments of common expense assessments and special assessments and any unpaid common expense or special assessment currently payable;
(3) a statement of any other fees payable by unit owners;
(4) a statement of any capital expenditures approved by the association for the current and next succeeding two fiscal years;
(5) a statement that a copy of the condominium plat and any amendments thereof are available in the office of the association for inspection;
(6) a statement of the amount of any reserves for capital expenditures and of any portions of those reserves designated by the association for any specified projects;
(7) the most recent regularly prepared balance sheet and income and expense statement, if any, of the association;
(8) the current budget of the association;
(9) a statement of any judgments against the association and the status of any pending suits to which the association is a party;
(10) a statement describing any insurance coverage provided for the benefit of unit owners.
(b) The association shall, within seven days after a request by a unit owner or the unit owner's authorized agent, furnish a certificate containing the information necessary to enable the unit owner to comply with this section. A unit owner without actual knowledge providing a certificate pursuant to subsection (a) shall have no liability to the purchaser for any erroneous information provided by the association and included in the certificate.
(c) A purchaser is not liable for any unpaid assessment or fee existing as of the date of the certificate greater than the amount set forth in the certificate prepared by the association. A unit owner is not responsible to a purchaser for the failure or delay of the association to provide the certificate in a timely manner.
History:
1980 c 582 art 4 s 515.4-107; 1986 c 342 s 12; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-1075 — Purchaser's Right To Cancel.

515A.4-1075 PURCHASER'S RIGHT TO CANCEL.
(a) The information required to be delivered by section 515A.4-107 shall be delivered to a purchaser not later than the date of any purchase agreement. Unless a purchaser is given the information more than 15 days prior to the execution of the purchase agreement for the unit the purchaser may, prior to the conveyance, cancel the agreement within 15 days after receiving the information.
(b) A purchaser who elects to cancel a purchase agreement pursuant to subsection (a), may do so by hand delivering notice thereof to the seller or the seller's agent or by mailing notice thereof by postage prepaid United States mail to the seller or the agent. Cancellation is without penalty and all payments made by the purchaser shall be refunded promptly.
History:
1980 c 582 art 4 s 515.4-1075; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-108 — Escrow Of Deposits.

515A.4-108 ESCROW OF DEPOSITS.
Any earnest money paid in connection with the purchase or reservation of a unit from a declarant shall be escrowed and held in this state in an account, savings deposit or certificate of deposit designated solely for that purpose in an institution whose accounts are insured by a governmental agency or instrumentality until (1) delivered to the declarant at closing; (2) delivered to the declarant because of purchaser's default under the purchase agreement or reservation; or (3) delivered to the purchaser.
History:
1980 c 582 art 4 s 515.4-108
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-109 — Release Of Interests As Security For An Obligation.

515A.4-109 RELEASE OF INTERESTS AS SECURITY FOR AN OBLIGATION.
(a) Before conveying a unit to a purchaser other than a declarant, the seller shall furnish to the purchaser releases for that unit and its common element interest of all interests as security for an obligation affecting more real estate than that unit and its common element interest, or if the purchaser expressly agrees, a policy of title insurance insuring against loss or damage by reason of such interests. Failure to furnish the releases does not of itself invalidate the lien or the conveyance. This subsection does not apply to conveyance of all of the units in the condominium or to deeds in lieu of foreclosure.
(b) Whether perfected before or after creation of the condominium, if a lien other than a mortgage, including a lien attributable to work performed or materials supplied before creation of the condominium, becomes effective against two or more units, the unit owner of such a unit may pay to the lienholder the amount of the lien attributable to that owner's unit, and the lienholder, upon receipt of payment, shall promptly deliver a release of the lien covering that unit and its common element interest. The amount of the payment shall be proportionate to the ratio which that unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.
(c) Labor performed or materials furnished for the common elements, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to the lien law against each of the units and shall be subject to the provisions of subsection (b).
History:
1980 c 582 art 4 s 515.4-109; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-111 — Express Warranties.

515A.4-111 EXPRESS WARRANTIES.
(a) Express warranties made by a declarant or an affiliate of a declarant to a purchaser of a unit if reasonably relied upon by the purchaser, are created as follows:
(1) any affirmation of fact or promise which relates to the unit, its use, or rights appurtenant thereto, area improvements to the condominium that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the condominium, creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;
(2) any model or description of the physical characteristics of the condominium, including plans and specifications of or for improvements, creates an express warranty that the condominium will conform to the model or description. A notice prominently displayed on a model or description shall prevent a purchaser from reasonably relying upon the model or description to the extent of the disclaimer set forth on the notice;
(3) any description of the quantity or extent of the real estate comprising the condominium, including plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary tolerance; and
(4) a provision that a buyer may put a unit only to a specified use is an express warranty that the specified use is lawful.
(b) Neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty, are necessary to create an express warranty. A statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.
(c) Any conveyance of a unit transfers to the purchaser all express warranties made by a declarant or an affiliate of a declarant.
History:
1980 c 582 art 4 s 515.4-111