Chapter 515A — Variation by Agreement

515A.1-100 This is a placeholder section for the Minnesota Uniform Condominium Act chapter index. 515A.1-101 Short Title This law is officially called the 'Uniform Condominium Act.' It covers all the rules for creating and running … 515A.1-102 Applicability This section explains which condominiums must follow the Uniform Condominium Act. Some parts apply to all condos, even … 515A.1-103 Definitions This section defines key terms used throughout the condominium law, including 'unit,' 'common element,' 'association,' … 515A.1-104 Variation by Agreement The rights given to condo owners by this law cannot be taken away by an agreement or contract. A developer cannot use … 515A.1-105 Property Taxation Each condo unit is taxed separately as its own piece of property. The condo association itself is not taxed on the … 515A.1-106 Applicability of Local Ordinances, Regulations, and Building Codes Local governments cannot ban the condo form of ownership or impose special rules on condos that would not apply to … 515A.1-107 Eminent Domain If the government takes a condo unit through eminent domain, the owner and any mortgage holder must be fairly … 515A.1-108 Supplemental General Principles of Law Applicable General legal principles like contract law, property law, fraud, and fairness still apply to condos. This law adds to … 515A.1-109 Construction Against Implicit Repeal If a newer law seems to conflict with the condo act, courts should try to read them together rather than assuming the … 515A.1-110 Uniformity of Application and Construction This law should be interpreted the same way across all states that have adopted the Uniform Condominium Act, so condo … 515A.1-111 Severability If a court finds one part of this law is invalid, the rest of the law still applies. One bad provision does not ruin the … 515A.1-112 Unconscionable Agreement or Term of Contract A court can refuse to enforce a contract or contract term involving a condo developer if the court finds it was grossly … 515A.1-113 Obligation of Good Faith Everyone involved in a condo must act in good faith when carrying out their duties and contracts under this law. 515A.1-114 Remedies to Be Liberally Administered Courts should be generous in providing remedies when someone violates the condo act, putting the harmed person in as … 515A.1-115 Notice All notices required by the condo act must be in writing. They take effect when hand-delivered or when mailed with … 515A.1-116 Effective Date Section 515A.1-106, which prevents cities from discriminating against the condo form of ownership, took effect on April … 515A.2-101 Creation of Condominium A condominium is officially created by recording a declaration document, signed by all owners of the property. The … 515A.2-102 Unit Boundaries This section explains where the boundaries of each condo unit begin and end, unless the declaration says otherwise. It … 515A.2-103 Construction and Validity of Declaration and Bylaws All parts of the condo declaration and bylaws are severable, meaning if one part is invalid the rest still applies. The … 515A.2-104 Description of Units Once the declaration is recorded, a condo unit can be legally described using just the condo number, county, and unit … 515A.2-105 Contents of Declaration; All Condominiums This section lists everything that must be included in a condo declaration, such as the name, location, unit … 515A.2-106 Contents of Declaration; Flexible Condominiums If a condo can be expanded by adding more real estate (a flexible condominium), the declaration must include additional … 515A.2-107 Leasehold Condominiums If a condo is built on leased land rather than owned land, the declaration must include extra information about the … 515A.2-108 Allocation of Common Element Interests, Votes, and Common Expense Liabilities The declaration must assign each unit its share of common element ownership, voting rights, and common expense … 515A.2-109 Common Elements and Limited Common Elements Common elements are shared by all unit owners, while limited common elements are reserved for use by specific units … 515A.2-110 Condominium Plats The condo plat is a detailed map that is part of the declaration. It must be prepared and certified by a professional … 515A.2-111 Expansion of Flexible Condominiums A flexible condo can be expanded by adding more land and units. The developer must record an amendment to the … 515A.2-113 Alterations of Units A unit owner may make improvements or changes inside their own unit, as long as they follow the declaration rules and do … 515A.2-114 Relocation of Boundaries Between Adjoining Units Owners of neighboring condo units can agree to move the boundary between their units by filing an amendment to the … 515A.2-115 Subdivision or Conversion of Units If the declaration allows it, a unit can be split into two or more units, or a developer's unit can be converted into … 515A.2-116 Minor Variation in Boundaries The actual physical walls of a unit are treated as its official boundaries, even if the building has settled or shifted … 515A.2-117 Use for Sales Purposes A developer may keep sales offices, management offices, model units, and advertising signs in the condo, but only if the … 515A.2-118 Easement to Facilitate Completion, Conversion, and Expansion A developer has the right to access common areas as reasonably needed to finish construction, complete the condo, or … 515A.2-119 Amendment of Declaration The condo declaration can be amended by a vote of at least 67 percent of unit owners and 67 percent of first mortgage … 515A.2-120 Termination of Condominium A condominium can be terminated by agreement of at least 80 percent of unit owners and 80 percent of first mortgage … 515A.2-121 Rights of Holders of an Interest as Security for an Obligation Mortgage holders retain their rights under this act. The declaration may require mortgage holder approval for certain … 515A.3-101 Organization of Unit Owners' Association A condo association must be created when the condo is formed. All unit owners are automatically members. The association … 515A.3-102 Powers of Unit Owners' Association The condo association has broad powers including adopting budgets, levying assessments, making rules, hiring employees, … 515A.3-103 Board of Directors, Members and Officers The condo developer may control the board of directors for up to five years for flexible condos or three years for other … 515A.3-104 Transfer of Special Declarant Rights A developer can transfer special development rights to another person only by recording a proper document. The new … 515A.3-105 Termination of Contracts and Leases of Declarant After the developer's control period ends, the condo association can cancel management contracts, leases, and other … 515A.3-106 Bylaws The condo bylaws must be recorded and must include rules about how the association operates, such as election … 515A.3-107 Upkeep of the Condominium The association is responsible for maintaining, repairing, and replacing common elements. Each unit owner is responsible … 515A.3-111 Tort and Contract Liability If a lawsuit or contract problem happened while the developer controlled the association, the developer must pay back … 515A.3-112 Insurance The condo association must carry property insurance on the entire building and liability insurance. Individual unit … 515A.3-113 Surplus Funds After the association pays all its expenses and sets aside reserves, any leftover money is credited to unit owners to … 515A.3-114 Assessments for Common Expenses The developer pays all condo expenses until the first assessment is levied. After that, the association must adopt a … 515A.3-115 Lien for Assessments The association has an automatic lien on any unit whose owner does not pay their assessments. The association can … 515A.3-116 Association Records The association must keep detailed financial records and make them available for any unit owner to review. 515A.3-117 Association as Trustee When the association acts as a trustee handling money or property, third parties dealing with the association can assume … 515A.4-101 Applicability; Waiver The consumer protection rules in this part of the law apply to all condo units except those in all-commercial condos … 515A.4-102 Disclosure Statement; General Provisions When a developer sells a new condo unit, they must give the buyer a disclosure statement with detailed information about … 515A.4-104 Same; Conversion Condominiums When an existing building is being converted to condos, the disclosure statement must include additional information … 515A.4-106 Purchaser's Right to Cancel A buyer must receive the disclosure statement by the time they sign the purchase agreement. If they did not get it at … 515A.4-107 Resales of Units When reselling a condo unit, the seller must provide the buyer with copies of the declaration, bylaws, rules, and a … 515A.4-1075 Purchaser's Right to Cancel When buying a resale condo, the buyer must receive required information before the purchase agreement. If the … 515A.4-108 Escrow of Deposits Any earnest money deposit paid to a developer must be held in a separate escrow account at an insured financial … 515A.4-109 Release of Interests as Security for an Obligation Before selling a unit, the seller must provide releases from any mortgages or liens that cover more than just that unit, … 515A.4-110 Conversion Condominiums When a rental building is converted to condos, existing tenants must get at least 120 days notice before they must move. … 515A.4-111 Express Warranties A developer creates express warranties by making promises or descriptions about the condo that a buyer reasonably relies … 515A.4-112 Implied Warranties A developer automatically guarantees that a unit will be in good condition at the time of sale, that the unit is fit for … 515A.4-113 Exclusion or Modification of Implied Warranties Implied warranties can be limited or excluded for non-residential condos. For residential units, warranties on common … 515A.4-114 Statute of Limitations for Warranties A lawsuit for breach of a developer's warranty must be filed within six years after the problem becomes apparent. The … 515A.4-115 Effect of Violations on Rights of Action; Attorney's Fees Anyone harmed by a violation of the condo act can sue for appropriate relief. A court may award punitive damages for … 515A.4-116 Labeling of Promotional Material If the condo plat labels an improvement as 'NEED NOT BE BUILT,' all marketing materials must also clearly label that … 515A.4-117 Declarant's Obligation to Complete and Restore The developer must complete all improvements labeled 'MUST BE BUILT' on the condo plat. The developer must also restore … 515A.4-118 References When the condo act refers to 'this act,' it means sections 515A.1-101 through 515A.4-118.