This bill contains proposed amendments from the Minnesota State Bar Association to the Minnesota Common Interest Ownership Act. Most of the bill recodifies and reinserts sections of the law that were repealed or amended prospectively last session but that continue to apply to common interest communities created before August 1, 2010.
Sections 1, 2, 5, 6, 10, 12, and 14 to 21 contain the recodification provisions.
Section 3 amends reporting requirements to clarify that if an instrument changes the boundaries of an existing tax parcel, certification as to payment of current and delinquent taxes is only required as to parcels whose boundaries are changed.
Section 4 amends the statute governing common elements and limited common elements to require that a license instrument provided in connection with the grant of a common element license must be provided to the unit owner and the association and to require that a license be held only by a unit owner in the common interest community.
Section 7 makes a technical correction in the statute governing master associations to delete an inadvertent use of the word "master" in a reference to the board of directors of a sub-association under an association.
Section 8 addresses severance of a common interest community. Matters that require unanimous consent of the owners under the law that governs amendment of existing declarations would also require unanimous agreement by all unit owners in the severed property.
Section 9 corrects an omission in the 2010 legislation in the powers of the unit owners' association to include amendments to previously granted easements, leases, and licenses.
Section 11 requires a transfer of special declarant rights to be recorded against all units in the common interest community.
Section 13 amends the law authorizing an association to terminate certain types of contracts, leases, or licenses entered into before expiration of the declarant control period to provide an exception for licenses granted by declarant pursuant to the law governing common elements and limited common elements.