reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-112 — Implied Warranties.

515A.4-112 IMPLIED WARRANTIES.
(a) A declarant warrants to a purchaser that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.
(b) A declarant warrants to a purchaser that a unit and the common elements in the condominium are structurally suitable for the ordinary uses of real estate of its type and that any improvements or repairs made or contracted for by the declarant or made by any person in contemplation of the creation of the condominium, will be:
(1) free from defective materials; and
(2) constructed in accordance with applicable law, according to sound engineering and construction standards, and in a workmanlike manner.
(c) A declarant warrants to a purchaser of a unit which may be used for residential use that the residential use does not violate applicable law at the earlier of the time of conveyance or delivery of possession.
(d) Warranties imposed by this section may be excluded or modified as specified in section 515A.4-113.
(e) For purposes of this section, improvements made or contracted for by an affiliate of a declarant (section 515A.1-103(2)) are made or contracted for by the declarant.
(f) Any conveyance of a unit transfers to the purchaser all of any declarant's implied warranties.
History:
1980 c 582 art 4 s 515.4-112; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-113 — Exclusion Or Modification Of Implied Warranties.

515A.4-113 EXCLUSION OR MODIFICATION OF IMPLIED WARRANTIES.
(a) Except as limited by subsection (b) implied warranties:
(1) may be excluded or modified by agreement of the parties; and
(2) are excluded by expression of disclaimer, such as "as is," "with all faults," or other language which in common understanding calls the buyer's attention to the exclusion of warranties.
(b) With respect to a purchaser of a unit which may be occupied for residential use, no general disclaimer of implied warranties is effective, but a declarant may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain.
History:
1980 c 582 art 4 s 515.4-113
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-114 — Statute Of Limitations For Warranties.

515A.4-114 STATUTE OF LIMITATIONS FOR WARRANTIES.
(a) A judicial proceeding for breach of any obligation arising under section 515A.4-111 or 515A.4-112 must be commenced within six years after the cause of action accrues, but the parties may reduce the period of limitation to not less than two years. With respect to a unit which may be occupied for residential use, an agreement to reduce the period of limitation shall be evidenced by a separate instrument executed by the purchaser.
(b) Subject to subsection (c), a cause of action under section 515A.4-111 or 515A.4-112, regardless of the purchaser's lack of knowledge of the breach, accrues:
(1) as to a unit, when the purchaser to whom the warranty is first made enters into possession after a conveyance of a possessory interest if a possessory interest is conveyed or otherwise at the time of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and
(2) as to each common element, the later of (i) the time the common element is completed, (ii) the time the first unit in the condominium is conveyed to a bona fide purchaser, or (iii) as to a common element within any additional real estate or portion thereof the time the first unit therein is conveyed to a bona fide purchaser.
(c) If a warranty under section 515A.4-111 or 515A.4-112 explicitly extends to future performance or duration of any improvement or component of the condominium, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.
History:
1980 c 582 art 4 s 515.4-114
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-115 — Effect Of Violations On Rights Of Action; Attorney's Fees.

515A.4-115 EFFECT OF VIOLATIONS ON RIGHTS OF ACTION; ATTORNEY'S FEES.
If a declarant or any other person subject to sections 515A.1-101 to 515A.4-117 violates any provision thereof or any provision of the declaration or bylaws, any person or class of persons adversely affected by the violation has a claim for appropriate relief. Punitive damages may be awarded in the case of a willful violation of sections 515A.1-101 to 515A.4-117. The court, in an appropriate case, may award reasonable attorneys' fees.
History:
1980 c 582 art 4 s 515.4-115
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-116 — Labeling Of Promotional Material.

515A.4-116 LABELING OF PROMOTIONAL MATERIAL.
If any improvement contemplated in a condominium is required by section 515A.2-110(b)(3) to be labeled "NEED NOT BE BUILT" on the condominium plat, no promotional material may be displayed or delivered to prospective purchasers which describes or depicts that improvement unless the description or depiction of the improvement is conspicuously labeled or identified as "NEED NOT BE BUILT."
History:
1980 c 582 art 4 s 515.4-116; 1986 c 342 s 13
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-117 — Declarant's Obligation To Complete And Restore.

515A.4-117 DECLARANT'S OBLIGATION TO COMPLETE AND RESTORE.
(a) The declarant shall complete all improvements labeled "MUST BE BUILT" on the condominium plat prepared pursuant to section 515A.2-110.
(b) The declarant is subject to liability for the prompt repair and restoration to a condition compatible with the remainder of the condominium of any portion of the condominium affected by the exercise of rights reserved pursuant to or created by sections 515A.2-111, 515A.2-117, and 515A.2-118.
History:
1980 c 582 art 4 s 515.4-117; 1986 c 342 s 14
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515A — Uniform Condominium Act › Section 515A.4-118 — References.

515A.4-118 REFERENCES.
When used in sections 515A.1-101 to 515A.4-118, the term "this act" and similar terms refer to sections 515A.1-101 to 515A.4-118.
History:
1980 c 582 art 4 s 515.4-118
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.1-101 — Short Title.

515B.1-101 SHORT TITLE.
Sections 515B.1-101 through 515B.4-118 may be cited as the "Minnesota Common Interest Ownership Act."
History:
1993 c 222 art 1 s 1
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.1-104 — Variation By Agreement.

515B.1-104 VARIATION BY AGREEMENT.
The provisions of this chapter may not be varied by agreement, and rights conferred by it may not be waived, except as expressly provided in this chapter. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.
History:
1993 c 222 art 1 s 4
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.1-105 — Separate Titles And Taxation.

515B.1-105 SEPARATE TITLES AND TAXATION.
(a) In a cooperative:
(1) The unit owners' interests in units and their allocated interests are wholly personal property, unless the declaration provides that the interests are wholly real estate. The characterization of these interests as real or personal property shall not affect whether homestead exemptions or classifications apply.
(2) The ownership interest in a unit which may be sold, conveyed, voluntarily or involuntarily encumbered, or otherwise transferred by a unit owner, is the right to possession of that unit under a proprietary lease coupled with the allocated interests of that unit, and the association's interest in that unit is not affected by the transaction.
(b) In a condominium or planned community:
(1) Each unit, and its allocated interest in the common elements, constitutes a separate parcel of real estate.
(2) If there is any unit owner other than a declarant, each unit shall be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements.
(c) A unit used for residential purposes together with not more than three units used for vehicular parking, and their common element interests, shall be treated as one parcel of real estate in determining whether homestead exemptions or classifications apply.
History:
1993 c 222 art 1 s 5; 1994 c 388 art 4 s 3; 1997 c 84 art 1 s 5
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.1-108 — This Chapter Prevails; Supplemental Law.

515B.1-108 THIS CHAPTER PREVAILS; SUPPLEMENTAL LAW.
The principles of law and equity, including the law of corporations, the law of real property, the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter.
History:
1993 c 222 art 1 s 8
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.1-109 — Construction Against Implicit Repeal.

515B.1-109 CONSTRUCTION AGAINST IMPLICIT REPEAL.
This chapter 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 avoided.
History:
1993 c 222 art 1 s 9
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.1-1105 — Vacation Of Abutting Publicly Dedicated Property.

515B.1-1105 VACATION OF ABUTTING PUBLICLY DEDICATED PROPERTY.
(a) When, by operation or presumption of law, all or any portion of vacated property, such as a street, alley, right-of-way, or other publicly dedicated area, accrues to property subject to a declaration, such portion of the vacated property shall, by operation of law and without any corresponding amendment to the declaration or the CIC plat, become subject to all of the terms and conditions of the declaration. Except as otherwise provided in an amendment to the declaration that is adopted in accordance with section 515B.2-118 and the declaration:
(1) if the vacated property accrues to one or more units in a condominium or a planned community, title to the vacated property shall vest in the owner or owners of the unit or the units, but the interests allocated to the units pursuant to section 515B.2-108 and the declaration shall not change as a result thereof;
(2) if the vacated property accrues to common elements in a condominium, title to the vacated property shall vest in the unit owners in accordance with their allocated interests and the vacated property shall be treated as a part of the common elements; and
(3) if the vacated property accrues to common elements in a cooperative or planned community, title to the vacated property shall vest in the association and the vacated property shall be treated as a part of the common elements.
(b) At any time after the vacation the association may, but is not obligated to, amend the declaration or CIC plat to confirm the inclusion of the vacated property in the common interest community in accordance with section 515B.2-118 and the declaration.
History:
2010 c 267 art 1 s 4
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.1-112 — Unconscionable Agreement Or Term Of Contract.

515B.1-112 UNCONSCIONABLE AGREEMENT OR TERM OF CONTRACT.
(a) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result. For purposes of this section, a contract includes a declaration, master declaration, the articles of incorporation and bylaws of an association or master association, and a proprietary lease.
(b) Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:
(1) the commercial setting of the negotiations;
(2) whether a party has knowingly taken advantage of the inability of the other party reasonably to protect the other party's interests by reason of physical or mental infirmity, illiteracy, inability to understand the language of the agreement, or similar factors;
(3) the effect and purpose of the contract or clause; and
(4) if a sale, any gross disparity, at the time of contracting, between the amount charged for the property and the value of that property measured by the price at which similar property was readily obtainable in similar transaction, provided, that this factor shall not, of itself, render the contract unconscionable.
History:
1993 c 222 art 1 s 12; 2010 c 267 art 1 s 5
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.1-113 — Obligation Of Good Faith.

515B.1-113 OBLIGATION OF GOOD FAITH.
Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.
History:
1993 c 222 art 1 s 13
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.1-114 — Remedies To Be Liberally Administered.

515B.1-114 REMEDIES TO BE LIBERALLY ADMINISTERED.
(a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law.
(b) Any right or obligation declared by this chapter is enforceable by judicial proceeding, unless the provision declaring it provides otherwise.
History:
1993 c 222 art 1 s 14
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.1-115 — Notice.

515B.1-115 NOTICE.
Except as otherwise stated in this chapter all notices required by this chapter shall be in writing and shall be effective (i) upon hand delivery, (ii) upon mailing if properly addressed with postage prepaid and deposited in the United States mail, or (iii) when given in compliance with section 515B.3-110(c), with respect to matters covered by that section.
History:
1993 c 222 art 1 s 15; 2010 c 267 art 1 s 6
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.2-102 — Unit Boundaries.

515B.2-102 UNIT BOUNDARIES.
(a) The declaration shall describe the boundaries of the units as provided in section 515B.2-105(5). The boundaries need not be delineated by a physical structure. The unit may consist of noncontiguous portions of the common interest community.
(b) In a condominium, a cooperative, or a planned community utilizing a CIC plat complying with section 515B.2-110(c):
(1) except as the declaration otherwise provides, if the walls, floors, or ceilings of a unit are designated as its boundaries, then the boundaries shall be the interior, unfinished surfaces of the perimeter walls, floors, ceilings, doors, windows, and door and window frames of the unit, all paneling, tiles, wallpaper, paint, floor covering, and any other finishing materials applied to the interior surfaces of the perimeter walls, floors or ceilings, are a part of the unit, and all other portions of the perimeter walls, floors, ceilings, doors, windows, and door and window frames, are a part of the common elements; and
(2) except in common interest communities created before August 1, 2010, and except in common interest communities in which all units are restricted to nonresidential use, if unit area or volume is used to allocate interests, the description of the unit boundaries for similar types of units, such as residential units, garage units, or storage units, shall be the same.
(c) In a planned community utilizing a CIC plat complying with section 515B.2-110(d)(1) and (2), except as the declaration otherwise provides, the unit boundaries shall be the lot lines designated on a plat recorded pursuant to chapter 505 or the tract boundaries designated on a registered land survey recorded pursuant to chapter 508 or 508A.
(d) Except as provided in section 515B.2-109(c), all spaces, fixtures, and improvements located wholly within the boundaries of a unit are a part of the unit.
History:
1993 c 222 art 2 s 2; 2005 c 121 s 7; 2010 c 267 art 2 s 2
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.2-103 — Construction And Validity Of Declaration And Bylaws.

515B.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 this chapter, or any instrument executed pursuant to the declaration or this chapter.
(c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent that the declaration is inconsistent with this chapter.
(d) The declaration and bylaws must comply with sections 500.215 and 500.216.
History:
1993 c 222 art 2 s 3; 2005 c 168 s 3; 2023 c 60 art 12 s 64
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.2-104 — Description Of Units.

515B.2-104 DESCRIPTION OF UNITS.
(a) A description of a unit is legally sufficient if it sets forth (i) the unit identifier of the unit, (ii) the number assigned to the common interest community by the recording officer, and (iii) the county in which the unit is located.
(b) If the CIC plat for a planned community complies with chapter 505, 508, or 508A, then a description of a unit in the planned community is legally sufficient if it is stated in terms of a plat or registered land survey. In planned communities whose CIC plats comply with section 515B.2-110(c), and in all condominiums and cooperatives created under this chapter, a unit identifier shall contain no more than six characters, only one of which may be a letter.
(c) A description which complies with this section shall be deemed to include all rights, obligations, and interests appurtenant to the unit which were created by the declaration or bylaws, by a master declaration, or by this chapter, whether or not those rights, obligations, or interests are expressly described.
(d) If the CIC plat for a planned community complies with section 515B.2-110(c) a description of the common elements is legally sufficient if it sets forth (i) the words "common elements," (ii) the number assigned to the common interest community by the recording officer, and (iii) the county in which the common elements are located. The common elements may consist of separate parcels of real estate, in which case each parcel shall be separately identified on the CIC plat and in any recorded instrument referencing a separate parcel of the common elements.
History:
1993 c 222 art 2 s 4; 1994 c 388 art 4 s 5; 1995 c 92 s 7; 1999 c 11 art 2 s 5; 2005 c 121 s 8
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.2-106 — Declaration Of Flexible Common Interest Communities.

515B.2-106 DECLARATION OF FLEXIBLE COMMON INTEREST COMMUNITIES.
(a) The declaration for a flexible common interest community shall include, in addition to the matters specified in section 515B.2-105:
(1) a reservation of any rights to add additional real estate;
(2) a statement of any time limit, not exceeding ten years after the recording of the declaration, upon which any right reserved under paragraph (1) will lapse, together with a statement of any circumstances that will terminate the option before the expiration of the time limit. If no time limit is set forth in the declaration, the time limit shall be ten years after the recording of the declaration; provided, that the time limit may be extended by an amendment to the declaration approved in writing by the declarant, and by the vote or written agreement of unit owners, other than the declarant or an affiliate of the declarant, to whose units are allocated at least 67 percent of the votes in the association;
(3) a statement of any limitations on any rights reserved under paragraph (1), other than limitations created by or imposed pursuant to law;
(4) a legally sufficient description of the additional real estate;
(5) a statement as to whether portions of any additional real estate may be added at different times;
(6) a statement, based upon the declarant's good faith estimate, of (i) the total number of units that may be created within any additional real estate, and (ii) how many of those units will be restricted to residential use;
(7) a statement that any buildings and units erected upon the additional real estate, when and if added, will be compatible with the other buildings and units in the common interest community in terms of architectural style, quality of construction, principal materials employed in construction, and size, or a statement of any differences with respect to the buildings or units, or a statement that no assurances are made in those regards;
(8) a statement that all restrictions in the declaration affecting use, occupancy, and alienation of units will apply to units created in the additional real estate, when and if added, or a statement of any differences with respect to the additional units;
(9) a statement as to whether any assurances made in the declaration regarding additional real estate pursuant to paragraphs (5) through (8) will apply if the real estate is not added to the common interest community.
(b) A declarant need not have an interest in the additional real estate in order to identify it as such in the declaration, and the recording officer shall index the declaration as provided in section 515B.1-116(a). Identification of additional real estate in the declaration does not encumber or otherwise affect the title to the additional real estate.
History:
1993 c 222 art 2 s 6; 2005 c 121 s 10; 2010 c 267 art 2 s 4
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.2-107 — Declaration Of Leasehold Common Interest Communities.

515B.2-107 DECLARATION OF LEASEHOLD COMMON INTEREST COMMUNITIES.
(a) Any lease the expiration or termination of which may terminate the common interest community or reduce its size, or a memorandum thereof, shall be recorded. The declaration of a leasehold common interest community shall include:
(1) the recording data for the lease, or the memorandum of lease, and a statement of where the complete lease may be inspected if only a memorandum is recorded;
(2) the date on which the lease expires;
(3) a legally sufficient description of the real estate subject to the lease;
(4) any right of the unit owners to purchase the lessor's interest in the lease and the procedure for exercise of those rights, or a statement that they do not have those rights;
(5) 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
(6) 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 of a leasehold condominium or leasehold planned community is recorded, neither the lessor who has joined in the declaration nor any 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 and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest in a condominium or planned community is not 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 owner of the reversion or remainder does not merge the leasehold and fee simple interest unless the leasehold interest of all unit owners subject to that reversion or remainder are acquired.
(d) If the expiration or termination of a lease decreases the number of units in a common interest community, the allocated interests shall be reallocated in accordance with section 515B.1-107 as if those units had been taken by eminent domain. Reallocations must be confirmed by an amendment to the declaration prepared, executed, and recorded by the association.
History:
1993 c 222 art 2 s 7
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.2-114 — Relocation Of Boundaries Between Adjoining Units.

515B.2-114 RELOCATION OF BOUNDARIES BETWEEN ADJOINING UNITS.
(a) Subject to the provisions of the declaration and applicable law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon the submission of an application to the association by the owners of those units and approval by the association. The application shall contain, at a minimum, a general description of the proposed relocation, and shall specify in detail the matters required by subsection (b)(2) and (3).
(b) The association shall establish fair and reasonable procedures and time frames for the submission and prompt processing of the applications. The basis for disapproval shall be limited to structural or safety considerations, or a failure to comply with the declaration, this chapter, or governmental laws, ordinances or regulations. If the application is approved, the unit owners making the application shall cause an amendment and amended CIC plat to be prepared based upon the approved application, and submit them to the association for approval. The amendment shall:
(1) be executed by the association and the unit owners making the application, and consented to by any secured party with respect to the units;
(2) identify the units involved;
(3) reallocate the common element interest, votes in the association and common expense liability formerly allocated to the units among the newly defined units on the basis described in the declaration;
(4) contain words of conveyance between them;
(5) contain such other provisions as may be reasonably required by the association; and
(6) conform to the requirements of the declaration and this chapter.
(c) The interest and remedies of a secured party which joins in the amendment pursuant to this section shall be deemed to be modified as provided in the amendment.
(d) The association may require the unit owners making the application to build a boundary wall and other common elements between the units, and to pay all fees and costs for reviewing, preparing and recording the amendment and the amended CIC plat, and any other fees or costs incurred by the association in connection therewith.
(e) The applicant shall deliver a copy of the recorded amendment and amended CIC plat to the association.
History:
1993 c 222 art 2 s 14; 2010 c 267 art 2 s 11
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.2-115 — Minor Variations In Boundaries.

515B.2-115 MINOR VARIATIONS IN BOUNDARIES.
The existing physical boundaries of a unit, or of a unit reconstructed in substantial accordance with the description contained in the original declaration, are its legal boundaries, regardless of vertical or lateral movement of the building or minor variances due to shifting or settling. This section does not relieve a declarant or any other person of liability for failure to adhere to the CIC plat or for any representation in a disclosure statement.
History:
1993 c 222 art 2 s 15
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.2-116 — Use For Sales Purposes.

515B.2-116 USE FOR SALES PURPOSES.
A declarant may maintain sales offices, management offices, and models in units or on common elements in the common interest community only if the declaration so provides and specifies the rights of a declarant with regard to the number and location thereof. If the declaration so provides, a declarant may maintain signs on the common elements and in model units advertising the common interest community. Rights granted pursuant to this section are subject to the provisions of other state laws and to local ordinances.
History:
1993 c 222 art 2 s 16
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.2-117 — Declarant's Easement Rights.

515B.2-117 DECLARANT'S EASEMENT RIGHTS.
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 the declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration.
History:
1993 c 222 art 2 s 17
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.2-120 — Rights Of Secured Parties.

515B.2-120 RIGHTS OF SECURED PARTIES.
Notwithstanding any requirement in the declaration, the articles of incorporation or the bylaws that a percentage of secured parties approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, no requirement for approval may operate to (i) deny or delegate control over the general administrative affairs of the association by the unit owners or the board of directors, or (ii) prevent the association or the board of directors from commencing, intervening in, or settling any litigation or proceeding, or (iii) prevent the association or its appointed insurance trustee from receiving and distributing any insurance proceeds except pursuant to section 515B.3-113.
History:
1993 c 222 art 2 s 20
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.2-125 — Addition Of Common Elements.

515B.2-125 ADDITION OF COMMON ELEMENTS.
(a) Unless the declaration provides otherwise, real estate owned by the association may be added to the common interest community, as common elements only, subject to the requirements of this section. Subject to any additional requirements contained in the declaration, the addition of the real estate shall be approved by:
(1) unit owners entitled to cast at least 67 percent of the votes in the association;
(2) declarant until the earlier of (i) five years after the recording of the declaration, or (ii) the time at which declarant no longer owns an unsold unit; and
(3) in the case of a cooperative, all holders of mortgages or contracts for deed on the entire real estate constituting the cooperative.
(b) The declaration may specify a smaller percentage for unit owner approval only if all of the units are restricted to nonresidential use. A part of the common elements shall not be designated as limited common elements unless approved unanimously in writing by the unit owners.
(c) The approval by the unit owners shall be deemed to grant to the association a power of attorney coupled with an interest to acquire title to the real estate, if not previously acquired, and to add the real estate to the common interest community on behalf of the unit owners and the holders of all other interests in the units, including without limit the power to execute an amendment to the declaration and any other instruments relating to the acquisition.
(d) Following the required approvals, the association shall record an amendment to the declaration complying with this chapter, that, at a minimum, (i) legally describes the real estate added, (ii) designates the real estate as part of the common elements, and (iii) subjects the real estate to the declaration.
(e) In the case of a common interest community using a plat complying with section 515B.2-110, subsection (c), the association shall record an amended CIC plat reflecting the change in the common elements with the amendment to the declaration. The recording of the amendment to the declaration, and amended CIC plat if required, shall complete the addition of the real estate without further action by any person.
History:
1999 c 11 art 2 s 16
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.3-101 — Organization Of Unit Owners' Association.

515B.3-101 ORGANIZATION OF UNIT OWNERS' ASSOCIATION.
A common interest community shall be administered by an association. The association shall be incorporated no later than the date the common interest community is created. The membership of the association at all times consists exclusively of all unit owners or, following termination of the common interest community, of all former unit owners entitled to distributions of proceeds under section 515B.2-119 or their heirs, successors, or assigns. The association shall be organized as a Minnesota profit or nonprofit corporation, or may, in the case of a cooperative, be organized under chapter 308A or 308B. In the event of a conflict between this chapter and any other chapter under which the association is incorporated, this chapter shall control.
History:
1993 c 222 art 3 s 1; 2005 c 121 s 21; 2010 c 267 art 3 s 1
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.3-106 — Bylaws; Annual Report.

515B.3-106 BYLAWS; ANNUAL REPORT.
(a) A common interest community shall have bylaws which comply with this chapter and the statute under which the association is incorporated. The bylaws and any amendments may be recorded, but need not be recorded to be effective unless so provided in the bylaws.
(b) The bylaws shall provide that, in addition to any statutory requirements:
(1) A meeting of the members shall be held at least once each year, and a specified officer of the association shall give notice of the meeting as provided in section 515B.3-108.
(2) An annual report shall be prepared by the association and a copy of the report shall be provided to each unit owner at or prior to the annual meeting.
(c) The annual report shall contain at a minimum:
(1) a statement of any capital expenditures in excess of two percent of the current budget or $5,000, whichever is greater, approved by the association for the current fiscal year or succeeding two fiscal years;
(2) a statement of the association's total replacement reserves, the components of the common interest community for which the reserves are set aside, and the amounts of the reserves, if any, that the board has allocated for the replacement of each of those components;
(3) a copy of the statement of revenues and expenses for the association's last fiscal year, and a balance sheet as of the end of said fiscal year;
(4) a statement of the status of any pending litigation or judgments to which the association is a party;
(5) a detailed description of the insurance coverage provided by the association including a statement as to which, if any, of the items referred to in section 515B.3-113, subsection (b), are insured by the association; and
(6) a statement of the total past due assessments on all units, current as of not more than 60 days prior to the date of the meeting.
History:
1993 c 222 art 3 s 6; 1999 c 11 art 2 s 19; 2005 c 121 s 25; 2010 c 267 art 3 s 6
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.3-107 — Upkeep Of Common Interest Community.

515B.3-107 UPKEEP OF COMMON INTEREST COMMUNITY.
(a) Except to the extent provided by the declaration, this subsection or section 515B.3-113, the association is responsible for the maintenance, repair and replacement of the common elements, and each unit owner is responsible for the maintenance, repair and replacement of the unit owner's unit. Damage to the common elements or any unit as a result of the acts or omissions of a unit owner or the association, including damage resulting from the unit owner's or association's lack of maintenance or failure to perform necessary repairs or replacement, is the responsibility of the unit owner or association responsible for causing the damage, or whose agents or invitees caused the damage.
(b) The association's board of directors shall prepare and approve a written preventative maintenance plan, maintenance schedule, and maintenance budget for the common elements. The association shall follow the approved preventative maintenance plan. The association's board may amend, modify, or replace an approved preventative maintenance plan or an approved maintenance schedule from time to time. The association must provide all unit owners with a paper copy, electronic copy, or electronic access to the preventative maintenance plan, the maintenance schedule, and any amendments or modifications to or replacements of the preventative maintenance plan and the maintenance schedule. If a common interest community was created on or before August 1, 2017, the association's board of directors shall have until January 1, 2019, to comply with the requirements of this subsection.
(c) The association shall have access through and into each unit for purposes of performing maintenance, repair or replacement for which the association may be responsible. The association and any public safety personnel shall also have access for purposes of abating or correcting any condition in the unit which violates any governmental law, ordinance or regulation, which may cause material damage to or jeopardize the safety of the common interest community, or which may constitute a health or safety hazard for occupants of units.
(d) Neither the association, nor any unit owner other than the declarant or its affiliates, is subject to a claim for payment of expenses incurred in connection with any additional real estate.
History:
1993 c 222 art 3 s 7; 2017 c 87 s 3
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.3-108 — Meetings.

515B.3-108 MEETINGS.
(a) A meeting of the association shall be held at least once each year. At each annual meeting, there shall be, at a minimum, (i) an election of successor directors for those directors whose terms have expired, (ii) a report on the activities and financial condition of the association, and (iii) consideration of and action on any other matters included in the notice of meeting. Unless the bylaws provide otherwise, special meetings of the association may be called by the president and shall be called by the president or secretary upon the written petition of a majority of the board or unit owners entitled to cast at least 20 percent of the votes in the association.
(b) Not less than 21 nor more than 30 days in advance of any annual meeting, and not less than seven nor more than 30 days in advance of any special meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand delivered or sent postage prepaid by United States mail to the mailing address of each unit, or to any other address designated in writing by the unit owner to the association as provided in the bylaws or by statute.
(c) The notice of any meeting shall state the date, time and place of the meeting, the purposes of the meeting, and, if proxies are permitted, the procedures for appointing proxies.
(d) The board may provide for reasonable procedures governing the conduct of meetings and elections.
History:
1993 c 222 art 3 s 8
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.3-109 — Quorums.

515B.3-109 QUORUMS.
(a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if unit owners entitled to cast in excess of 20 percent of the votes in the association are present in person or by proxy at the beginning of the meeting. If a master developer or declarant or their affiliates are members of a master association or an association, as applicable, they shall be deemed to be present for purposes of establishing a quorum at a meeting called pursuant to section 515B.2-121(c)(2) or 515B.3-103(d), as applicable, regardless of their failure to attend the meeting.
(b) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the board if persons entitled to cast in excess of 50 percent of the votes on that board are present in person at the beginning of the meeting.
History:
1993 c 222 art 3 s 9; 2010 c 267 art 3 s 7
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.3-111 — Tort And Contract Liability.

515B.3-111 TORT AND CONTRACT LIABILITY.
(a) Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the common interest community. An action alleging a tort or contract violation by the association shall not be brought against a unit owner solely by reason of ownership. If the tort or contract violation occurred during any period of declarant control and the association or a unit owner gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner for (i) all losses not covered by insurance suffered by the association or that unit owner, and (ii) all costs that the association would not have incurred but for the tort or contract violation.
(b) Whenever the declarant is liable to the association or a unit owner under this section, the declarant is also liable for all expenses of litigation, including reasonable attorney's fees, incurred by the association or unit owner. Any statute of limitation affecting a right of action under this section is tolled until the period of declarant control terminates. A unit owner is not precluded from maintaining an action contemplated by this section because of being a unit owner or an officer or director of the association.
(c) Except as provided in subsections (a) and (b) with respect to a declarant, no unit owner shall have tort liability arising out of ownership of the common elements if the association has liability insurance coverage on the occurrence in an amount not less than $1,000,000.
History:
1993 c 222 art 3 s 11
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.3-114 — Reserves; Surplus Funds.

515B.3-114 RESERVES; SURPLUS FUNDS.
(a) The annual budgets of the association shall provide from year to year, on a cumulative basis, for adequate reserve funds to cover the replacement of those parts of the common interest community which the association is obligated to replace. These reserve requirements shall not apply to a common interest community which is restricted to nonresidential use.
(b) Unless the declaration provides otherwise, any surplus funds that the association has remaining after payment of or provision for common expenses and reserves shall be (i) credited to the unit owners to reduce their future common expense assessments or (ii) credited to reserves, or any combination thereof, as determined by the board of directors.
(c) This section applies to common interest communities only for their fiscal years commencing before January 1, 2012.
History:
1993 c 222 art 3 s 14; 2005 c 121 s 29; 2010 c 267 art 3 s 11; 2011 c 116 art 2 s 14
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.3-118 — Association Records.

515B.3-118 ASSOCIATION RECORDS.
The association shall keep adequate records of its membership, unit owners meetings, board of directors meetings, committee meetings, contracts, leases and other agreements to which the association is a party, and material correspondence and memoranda relating to its operations. The association shall keep financial records sufficiently detailed to enable the association to comply with sections 515B.3-106(b) and 515B.4-107. All records, except records relating to information that was the basis for closing a board meeting under section 515B.3-103, paragraph (g), shall be made reasonably available for examination by any unit owner or the unit owner's authorized agent, subject to the applicable statutes. The association must provide copies in paper or electronic form as requested by the owner or authorized agent, provided that the association is not required to provide copies in electronic form if the records are not maintained in that form by the association. The association may require the unit owner or the authorized agent to pay a fee for copies, which must not exceed:
(1) the actual costs of making or electronically transmitting the copies and searching for and retrieving the requested records, including the cost of agent or employee time for responding to the request; or
(2) if 100 or fewer pages of black and white, letter or legal size paper copies are requested, no more than 25 cents for each page copied, instead of actual costs.
History:
1993 c 222 art 3 s 18; 2011 c 10 s 1
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 515B — Minnesota Common Interest Ownership Act › Section 515B.3-119 — Association As Trustee.

515B.3-119 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 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:
1993 c 222 art 3 s 19