New Law: Common interest community statutes

A Minnesota State Bar Association legislative committee found that certain aspects of a 2010 law that repealed provisions regulating common interest communities only applied to common interest communities that were formed after the law went into effect on Aug. 1, 2010. A new law recodifies certain laws that apply to common interest communities created before the 2010 law went into effect.

A common interest community includes a condominium development, a homeowners association or cooperative. Other provisions in the “Minnesota Common Interest Ownership Act,” include:

• clarification of language related to recording of a document that modifies the description of an existing tax parcel (that document will require a certification from the county treasurer as to delinquent and current taxes);

• clarification of the process for establishing a new common interest community on property that is severed from an existing common interest community;

• clarification that when certain easements, leases and licenses affecting common elements are amended that the consent of the unit owners is required;

• clarification that when certain documents are recorded in connection with a transfer of special declarant rights they are recorded against title for all units in the common interest community; and

• clarification that the homeowner-controlled association has the authority to terminate certain contracts entered into by the developer, following procedures and with exceptions created in the law.

The law also contains several court-related provisions, including:

• a court may issue a protective order to prevent disclosure of a “Safe at Home” program participant’s location if a participant is involved in a legal proceeding as a party or witness;

• clarification that district court administrators will supervise court reporters as agreed upon with their collective bargaining representatives and that court reporters who serve in the judicial district courts and are appointed by individual judges shall remain under the supervision of the judge who appointed them;

• clarification that a county board will assign one of its officers to process a lien by a hospital or public assistance agency against a patient or client; previous language stated that such a lien should be filed with the district court administrator;

• authorization for an order for dismissal of an order for protection shall be served on a respondent personally or by certified mail;

• addition of language to allow digital images and other electronic methods of copying probate files to be considered as a state archives commission-approved record. A court administrator of any county upon order of the judge exercising probate jurisdiction may destroy all the original documents in any probate proceeding of record provided commission-approved copies are on file.

Rep. Steve Smith (R-Mound) and Sen. Warren Limmer (R-Maple Grove) sponsor the law, which has various effective dates.

HF1023*/ SF874/CH116