Key: (1) language to be deleted (2) new language
Laws of Minnesota 1986 CHAPTER 342-H.F.No. 1821 An act relating to real property; requiring condominium plats after July 31, 1986; requiring certification by a registered land surveyor only, that condominium plat accurately depicts certain required information in 515A.2-110; amending Minnesota Statutes 1984, sections 515A.1-102; 515A.1-103; 515A.2-105; 515A.2-110; 515A.2-114; 515A.2-115; 515A.2-116; 515A.4-102; 515A.4-107; 515A.4-116; and 515A.4-117; and Minnesota Statutes 1985 Supplement, sections 389.09; 508.82; and 508A.82. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1985 Supplement, section 389.09, is amended to read: 389.09 [APPROVAL OF PLATS AND SURVEYS AND CONDOMINIUMFLOORPLANSPLATS IN CERTAIN COUNTIES.] Subdivision 1. [PLATS AND SURVEYS IN CERTAIN COUNTIES.] In any county in which there is a county surveyor and the surveyor maintains an office on a full-time basis in a building maintained by the county for county purposes, the county board may by ordinance adopted in accordance with section 375.51 require that each subdivision plat or registered land survey plat shall be approved by the county surveyor before recording. The proprietor of the plat shall be charged a fee for the service in accordance with a schedule established by the board of commissioners of the county. Subd. 2. [CONDOMINIUMFLOOR PLANSPLATS.] A county board may, by ordinance adopted in accordance with section 375.51, require that each condominiumfloor planplat submitted for recordation after July 31, 1985, be approved by the county surveyor or other licensed surveyor hired for this purpose by the county, for compliance with section 515A.2-110, before recording. The process of approving thefloor planscondominium plat must be conducted in an expeditious manner so as not to unduly delay the recording of thefloor planscondominium plat. The proprietor of the condominiumfloor planplat may be charged a reasonable fee for the service in accordance with a schedule established by resolution passed by the governing body of the county. Sec. 2. Minnesota Statutes 1985 Supplement, section 508.82, is amended to read: 508.82 [REGISTRAR'S FEES.] The fees to be paid to the registrar shall be as follows: (1) of the fees provided herein, five percent of the fees collected under clauses (3), (4), (11), (13), (14), (15), (17), and (18) for filing or memorializing shall be paid to the state treasurer and credited to the real estate assurance account; (2) for registering each original certificate of title, and issuing a duplicate of it, $20; (3) for registering each instrument transferring the fee simple title for which a new certificate of title is issued and for the issuance and registration of the new certificate of title, $20; (4) for the entry of each memorial on a certificate and endorsements upon duplicate certificates, $10; (5) for issuing each mortgagee's or lessee's duplicate, $10; (6) for issuing each residue certificate, $20; (7) for exchange certificates, $10 for each certificate canceled and $10 for each new certificate issued; (8) for each certificate showing condition of the register, $10; (9) for any certified copy of any instrument or writing on file in his office, the same fees allowed by law to county recorders for like services; (10) for a noncertified copy of any instrument or writing on file in the office of the registrar of titles, or any specified page or part of it, an amount as determined by the county board for each page or fraction of a page specified. If computer or microfilm printers are used to reproduce the instrument or writing, a like amount per image; (11) for filing two copies of any plat in the office of the registrar, $30; (12) for any other service under this chapter, such fee as the court shall determine; (13) for issuing a duplicate certificate of title pursuant to the directive of the examiner of titles in counties in which the compensation of the examiner is paid in the same manner as the compensation of other county employees, $50, plus $10 to memorialize; (14) for issuing a duplicate certificate of title pursuant to the directive of the examiner of titles in counties in which the compensation of the examiner is not paid by the county or pursuant to an order of the court, $10; (15) for filing a condominiumfloor planplat or an amendment to it in accordance with chapter 515, $30; (16) for a copy of a condominiumfloor planplat filed pursuant to chapters 515 and 515A, the fee shall be $1 for each page of thefloor plancondominium plat with a minimum fee of $10; (17) for filing a condominium declaration andfloorplansplat or an amendment to it in accordance with chapter 515A, $10 for each certificate upon which the document is registered and $30 for the filing of thefloor planscondominium plat or an amendment thereto; (18) for the filing of a certified copy of a plat of the survey pursuant to section 508.23 or 508.671, $10; (19) for filing a registered land survey in triplicate in accordance with section 508.47, subdivision 4, $30; (20) for furnishing a certified copy of a registered land survey in accordance with section 508.47, subdivision 4, $10. Sec. 3. Minnesota Statutes 1985 Supplement, section 508A.82, is amended to read: 508A.82 [REGISTRAR'S FEES.] The fees to be paid to the registrar shall be as follows: (1) of the fees provided herein, five percent of the fees collected under clauses (3), (4), (11), (13), (14), (15), and (17) for filing or memorializing shall be paid to the state treasurer and credited to the real estate assurance account; (2) for registering each original CPT, and issuing a duplicate of it, $20; (3) for registering each instrument transferring the fee simple title for which a new CPT is issued and for the issuance and registration of the new CPT, $20; (4) for the entry of each memorial on a certificate and endorsements upon duplicate CPTs, $10; (5) for issuing each mortgagee's or lessee's duplicate, $10; (6) for issuing each residue CPT, $20; (7) for exchange CPTs, $10 for each CPT canceled and $10 for each new CPT issued; (8) for each certificate showing condition of the register, $10; (9) for any certified copy of any instrument or writing on file in his office, the same fees allowed by law to county recorders for like services; (10) for a noncertified copy of any instrument or writing on file in the office of the registrar of titles, or any specified page or part of it, an amount as determined by the county board for each page or fraction of a page specified. If computer or microfilm printers are used to reproduce the instrument or writing, a like amount per image; (11) for filing two copies of any plat in the office of the registrar, $30; (12) for any other service under sections 508A.01 to 508A.85, the fee the court shall determine; (13) for issuing a duplicate CPT pursuant to the directive of the examiner of titles in counties in which the compensation of the examiner is paid in the same manner as the compensation of other county employees, $50, plus $10 to memorialize; (14) for issuing a duplicate CPT pursuant to the directive of the examiner of titles in counties in which the compensation of the examiner is not paid by the county or pursuant to an order of the court, $10; (15) for filing a condominiumfloor planplat or an amendment to it in accordance with chapter 515, $30; (16) for a copy of a condominiumfloor planplat filed pursuant to chapters 515 and 515A, the fee shall be $1 for each page of thefloor planplat with a minimum fee of $10; (17) for filing a condominium declaration andfloorplanscondominium plat or an amendment to it in accordance with chapter 515A, $10 for each certificate upon which the document is registered and $30 for the filing of thefloor planscondominium plat or an amendment to it; (18) in counties in which the compensation of the examiner of titles is paid in the same manner as the compensation of other county employees, for each parcel of land contained in the application for a CPT, as the number of parcels is determined by the examiner, $50; (19) for filing a registered land survey in triplicate in accordance with section 508A.47, subdivision 4, $30; (20) for furnishing a certified copy of a registered land survey in accordance with section 508A.47, subdivision 4, $10. Sec. 4. Minnesota Statutes 1984, section 515A.1-102, is amended to read: 515A.1-102 [APPLICABILITY.] (a) Sections 515A.1-105 (Property Taxation), 515A.1-106 (Applicability of Local Ordinances, Regulations, and Building Codes), 515A.1-107 (Eminent Domain), 515A.2-103 (Construction and Validity of Declaration and Bylaws), 515A.2-104 (Description of Units), 515A.3-102 (a) (1) to (5) and (9) to (12) (Powers of Unit Owners Association), 515A.3-111 (Tort and Contract Liability), 515A.3-112 (Insurance), 515A.3-115 (Lien for Assessments), 515A.3-116 (Association Records), 515A.4-107 (Resales of Units), and 515A.1-103 (Definitions) to the extent necessary in construing any of those sections, apply to all condominiums created in this state prior to August 1, 1980; provided, however, that these sections apply only with respect to events and circumstances occurring after July 31, 1980, and do not invalidate existing provisions of the declaration, bylaws, or floor plans of those condominiums. (b) Sections 515A.1-101 to 515A.4-117 apply to all condominiums created within this state after August 1, 1980. The provisions of sections 515.01 to 515.29 do not apply to condominiums created after August 1, 1980 and do not invalidate any amendment to the declaration, bylaws, or floor plans of any condominium created before August 1, 1980, or to a condominium plat of any condominium created before August 1, 1986, if the amendment would be permitted by sections 515A.1-101 to 515A.4-117. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by sections 515.01 to 515.29. If the amendment grants to any person any rights, powers or privileges permitted by sections 515A.1-101 to 515A.4-117, all correlative obligations, liabilities, and restrictions in sections 515A.1-101 to 515A.4-117 also apply to that person. Sec. 5. Minnesota Statutes 1984, section 515A.1-103, is amended to read: 515A.1-103 [DEFINITIONS.] In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in sections 515A.1-101 to 515A.4-117: (1) "Additional real estate" means real estate that may be added to a flexible condominium. (2) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. A person "controls" a declarant if the person (i) is a general partner, officer, director, or employer of the declarant or (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than 20 percent of the voting interest in the declarant, or (iii) controls in any manner the election of a majority of the directors of the declarant, or (iv) has contributed more than 20 percent of the capital of the declarant. A person "is controlled by" a declarant if the declarant (i) is a general partner, officer, director, or employer of the person or (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than 20 percent of the voting interest in the person, or (iii) controls in any manner the election of a majority of the directors of the person, or (iv) has contributed more than 20 percent of the capital of the person. Control does not exist if the powers described in this paragraph are held solely as security for an obligation and are not exercised. (3) "Association" or "unit owners association" means the unit owners association organized under section 515A.3-101. (4) "Common element" means all portions of a condominium other than the units. (5) "Common expenses" means expenditures made or liabilities incurred by or on behalf of the association, together with any allocations to reserves. (6) "Common expense liability" means the liability for common expenses allocated to each unit pursuant to section 515A.2-108. (7) "Condominium" means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. (8) "Conversion condominium" means a condominium in which a building was at any time before the recording of the declaration wholly or partially occupied by persons other than purchasers and persons who occupied with the consent of the purchasers. (9) "Declarant" means: (a) if the condominium has been created, (1) any person who has executed a declaration or an amendment to a declaration to add additional real estate, other than persons holding interests in the real estate solely as security for an obligation, persons whose interests in the real estate will not be conveyed to unit owners, or, in the case of a leasehold condominium, a lessor who possesses no special declarant rights and who is not an affiliate of a declarant who possesses special declarant rights, or (2) any person who succeeds under section 515A.3-104 to any special declarant rights; or (b) any person who has offered prior to creation of a condominium to dispose of his interest in a unit to be created and not previously disposed of. (10) "Dispose" or "disposition" means a voluntary transfer of any legal or equitable interest in a unit, other than as security for an obligation. (11) "Flexible condominium" means a condominium to which additional real estate may be added. (12) "Leasehold condominium" means a condominium in which all of the real estate is subject to a lease, the expiration or termination of which will terminate the condominium. (13) "Limited common element" means a portion of the common elements allocated by the declaration or by operation of section 515A.2-102(2) or (4) for the exclusive use of one or more but fewer than all of the units. (14) "Person" means a natural person, corporation, partnership, trust, or other entity, or any combination thereof. (15) "Purchaser" means any person, other than a declarant, who prior to creation of the condominium enters into a purchase agreement with a declarant or who by means of a voluntary transfer after creation of the condominium holds a legal or equitable interest in a unit, other than (i) a leasehold interest (including renewal options) of less than three years, or (ii) as security for an obligation. (16) "Real estate" means any leasehold for three years or more or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests which by custom, usage, or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. "Real estate" includes parcels with or without upper or lower boundaries. (17) "Security for an obligation" means the vendor's interest in a contract for deed, mortgagee's interest in a mortgage, purchaser's interest under a sheriff's certificate of sale during the period of redemption, or the holder's interest in a lien. (18) "Special declarant rights" means rights reserved for the benefit of a declarant to complete improvements indicated onfloor plansthe condominium plat (section 515A.2-110); to add additional real estate to a flexible condominium (section 515A.2-111); to subdivide or convert a unit (section 515A.2-115); to maintain sales offices, management offices, signs advertising the condominium, and models (section 515A.2-117); to use easements through the common elements for the purpose of making improvements within the condominium or any additional real estate (section 515A.2-118); or to appoint or remove any board member during any period of declarant control (section 515A.3-103(a)). (19) "Unit" means a portion of the condominium, whether or not contained solely or partially within a building, designated for separate ownership, the boundaries of which are described pursuant to section 515A.2-110. (20) "Unit owner" means a declarant who owns a unit, a person to whom ownership of a unit has been conveyed or transferred, or in a leasehold condominium a lessee of a unit whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the condominium, but does not include a holder of an interest as security for an obligation. Sec. 6. Minnesota Statutes 1984, section 515A.2-105, is amended to read: 515A.2-105 [CONTENTS OF DECLARATION; ALL CONDOMINIUMS.] The declaration for a condominium shall contain: (1) the name and number of the condominium, which shall include the word "condominium" or be followed by the words "a condominium"; (2) the name of every county in which any part of the condominium is situated; (3) a legally sufficient description of the real estate included in the condominium; (4) a description or delineation of the boundaries of a unit; (5) thefloor planscondominium plat as required by section 515A.2-110; (6) an allocation to each unit of an undivided interest in the common elements, a portion of the votes in the association, and a percentage or fraction of the common expenses of the association (section 515A.2-108); (7) a statement of the maximum number of any units which may be created by the subdivision or conversion of units owned by the declarant pursuant to section 515A.2-115(c); (8) an allocation of any limited common elements, as provided in section 515A.2-109; (9) any restrictions on use, occupancy, and alienation of the units; (10) a statement showing that the condominium is not subject to an ordinance provided for in section 515A.1-106 or showing that any conditions required under an ordinance have been complied with; (11) any other matters the declarant deems appropriate. Sec. 7. Minnesota Statutes 1984, section 515A.2-110, is amended to read: 515A.2-110 [FLOOR PLANSCONDOMINIUM PLATS.] (a)Floor plansCondominium plats are a part of the declaration. Thefloor planscondominium plat shall contain a certification by a registered professionalengineer,land surveyoror architectthat thefloor planscondominium plat accuratelydepictdepicts all information required by this section. (b) Eachfloor plancondominium plat shall show: (1) the number of the condominium, and the boundaries and dimensions of the land included in the condominium; (2) the dimensions and location of all existing structural improvements and roadways; (3) the intended location and dimensions of any contemplated common element improvements to be constructed within the condominium labeled either "MUST BE BUILT" or "NEED NOT BE BUILT"; (4) the location and dimensions of any additional real estate, labeled as such; (5) the extent of any encroachments by or upon any portion of the condominium; (6) the location and dimensions of all recorded easements within the condominium serving or burdening any portion of the condominium; (7) the distance between noncontiguous parcels of real estate; (8) the location and dimensions of limited common elements, including porches, balconies and patios, other than limited common elements described in section 515A.2-102(2) and (4); (9) the location and dimensions of the vertical boundaries of each unit, and that unit's identifying number; (10) the location and dimensions of the horizontal unit boundaries with reference to established or assumed datum, and that unit's identifying number; (11) any units which may be converted by the declarant to create additional units or common elements (section 515A.2-115) identified separately. (c) When adding additional real estate (section 515A.2-111), the declarant shall record supplementalfloor planscondominium plats for that real estate conforming to the requirements of subsection (b). If less than all additional real estate is being added, the supplementalfloor planscondominium plats shall also show the location and dimensions of the remaining portion. (d) If a declarant subdivides or converts any unit into two or more units, common elements or limited common elements (section 515A.2-115), he shall record an amendment to thefloorplanscondominium plat showing the location and dimensions of any new units, common elements and limited common elements thus created. Sec. 8. Minnesota Statutes 1984, section 515A.2-114, is amended to read: 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. Sec. 9. Minnesota Statutes 1984, section 515A.2-115, is amended to read: 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. Sec. 10. Minnesota Statutes 1984, section 515A.2-116, is amended to read: 515A.2-116 [MINOR VARIATION IN BOUNDARIES.] The existing physical boundaries of a unit or of a unit reconstructed in substantial accordance with thefloor planscondominium plat are conclusively presumed to be its boundaries regardless of settling or lateral movement of the building. Sec. 11. Minnesota Statutes 1984, section 515A.4-102, is amended to read: 515A.4-102 [DISCLOSURE STATEMENT; GENERAL PROVISIONS.] A disclosure statement shall fully disclose: (a) The name and principal address of the declarant and the address and the name, if any, and number, if available, of the condominium; (b) A general description of the condominium; including without limitation the types and number of all buildings, units and amenities, and declarant's schedule of commencement and completion of construction thereof; (c) The total number of additional units that may be included in the condominium and whether the declarant intends to rent or market blocks of units to investors; (d) A copy of the declaration other than thefloorplanscondominium plat,floor planscondominium plat for the particular unit, bylaws, articles of incorporation, rules and regulations, and any contracts and leases to which the unit owners or association will be subject and which may not be cancelled upon 30 days notice by the association; (e) Any current balance sheet and a projected budget for the association for the first full or partial year during which a unit is conveyed to a unit owner other than a declarant and any projected budget for future years which the association has adopted, and a statement of who prepared the balance sheet, projected budget or budget. The budget or projected budget shall include, without limitation: (1) a statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement; (2) a statement of any other reserves; (3) the projected common expense assessment by category of expenditures for the association; (4) the projected monthly common expense assessment for each type of unit; (f) Any supplies and services not reflected in the budget or projected budget which the declarant provides, or expenses which he pays, and which he expects may become at any subsequent time a common expense of the association and the projected common expense assessment attributable to each of those services or expenses for the association and for each type of unit; (g) Any initial or special fee due from the purchaser to the declarant or the association at closing, together with a description of the purpose and method of calculating the fee; (h) A description of any liens, defects, or encumbrances on or affecting the title to the condominium after the contemplated conveyance; (i) A description of any financing offered by the declarant; (j) The terms of any warranties provided by the declarant, including the warranties set forth in sections 515A.4-111 and 515A.4-112, and limitations imposed by the declarant on the enforcement thereof; (k) A statement that: (1) within 15 days after receipt of a disclosure statement, a purchaser may, prior to conveyance, cancel any purchase agreement of a unit from a declarant; (2) if a declarant fails to provide a disclosure statement to a purchaser before conveying a unit, that purchaser may recover from the declarant an amount not to exceed five percent of the sales price of the unit, and (3) if a purchaser received the disclosure statement more than 15 days before he signs a purchase agreement, he cannot cancel the agreement; (l) A statement disclosing, to the extent of the actual knowledge of the declarant or an affiliate of the declarant after reasonable inquiry, any judgments against the association, the status of any pending suits to which the association is a party, and the status of any pending suits material to the condominium; (m) A statement that any earnest money paid in connection with the purchase of a unit will be held in an escrow account until closing and will be returned to the purchaser if the purchaser cancels the purchase agreement pursuant to section 515A.4-106; (n) A description of the insurance coverage to be provided for the benefit of unit owners; (o) Any current or expected fees or charges to be paid by unit owners for the use of the common elements and other facilities related to the condominium; and (p) Whether financial arrangements have been provided for completion of all improvements labeled "MUST BE BUILT" pursuant to section 515A.4-117 (Declarant's Obligation to Complete and Restore). Sec. 12. Minnesota Statutes 1984, section 515A.4-107, is amended to read: 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 thefloor planscondominium 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 thefloor planscondominium 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 his 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. Sec. 13. Minnesota Statutes 1984, section 515A.4-116, is amended to read: 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 thefloor plancondominium 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". Sec. 14. Minnesota Statutes 1984, section 515A.4-117, is amended to read: 515A.4-117 [DECLARANT'S OBLIGATION TO COMPLETE AND RESTORE.] (a) The declarant shall complete all improvements labeled "MUST BE BUILT" on thefloor planscondominium 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. Sec. 15. [EFFECTIVE DATE; APPLICABILITY.] Sections 1 to 14 are effective August 1, 1986, and apply to condominiums governed by Minnesota Statutes, chapter 515A, that record or file condominium declarations or amendments to the declarations after July 31, 1986. Approved March 19, 1986
Official Publication of the State of Minnesota
Revisor of Statutes