211748ORIGIN 'L TO CITY CLERK a 23 1748
CITY OF ST. PAUL COUNCIL
OFFICE OF THE CITY CLERK FILE NO
_
41Q0WNrJL RESOLUTION— GENERAL FORM
PRESENTED BY
COMMISSION
RESOLVED, That the Council of the City of Saint Paul
hereby takes cognizance of the pendency of certain proposed
legislation before the Minnesota Legislature relating to
Joint ownership of apartments, said legislation being
embodied in Senate File No. 557 and believes that such
legislation will be beneficial to the citizens of the
State of Minnesota dnd the City of Saint Paul; and
FURTHER RESOLVED, That the Council of the City of
Saint Paul hereby requests the legislature to enact and adopt
such legislation and respectfully requests the members of the
Ramsey County Delegations to support enactment into law of
the provisions of said Senate File No. 557.
PETITION TO REZONE
Al petition havin11q00been filed request .
,Paul LegislattivesCode, re iZoning etc.,
jbe amended so as to rezone property
described as Lot 16 ex. W. 12 =ft. there-
of, and W. 2B ft. of Lot 17, 1B1��lock 23,
rth
Lane's Saunders between DaLern and
Snelling, to Commercial District, the
Council of the Cityl of Saint Paul has
fixed the 14th day of Marche 1963, at
ten o'clock in the forenoon in the
Council Chamber in the City Ball' o
said City, and at said time and
the Council will hear all persons and
all objections recommendations
lativetosa d proposed amendment. re 1
Dated February 25, 1963-
AGNES H. O'CON 1 , f,
1 (March 2, 1963)
COUNCILMEN
Yeas Nays
Dalghsh
Holland
Loss
Mortinson
Peterson
Rosen ?
Mr. President, Vavoulis
10M 6-62
7-T Favor
A gainst
�Dalglish�_ cil File No. 211746 —By James J.
olve That t he Council of the
of Snt Paul hereby takes cog
nuance of the pendency of certain
j[proposed legislation before the Minne-
I sots Legislature relating to joint
ownership of apartments, said legisla -,
jNon557 being embodied thatssuchteleg�is -1.
lation will be beneficial to the citizens
of the State of Minnesota and the City
[of Saint Paul; and f
of the City of 1Saiint That
aul the hereby the legislature to enact and
adopt such legislation and respectfully
requests the members of the Ramsey,
County Delegations to support enact -
went into law of the provisions of I
said Senate File No. 557.
Adopted by the Council March 20,
1963.
Approved March 20, 1963.
(March 23, 1963)
MAR % 0 1963
Adopted by the Council 19
MA,%01963
Approved 19—
Mayor
�y: �: �;" h' ie` sCdL4it Ia9�R1T fJS:r'i.Ya:i:0iaC4h.ilPY21Qy _t..t+r. -..^ - __ _ _ _ "l itrm�s44:. YiWSSTir4'. t4M .•Y�e:s{/. <+bt2R4.Y.GBS'M1ls
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Introduced by. Ogdahl, -, M. Hansen, Novak S.F. No. 557 Y. '
February 12', 1963 :':,' Companion H.F.
':;•.
s
Ref. to Com. on Taxes and Tax Laws Ref. to H. Com.
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A BILL FOR AN ACT
RELATING TO REAL PROPERTY; PROVIDING FOR, .
AMONG OTHER MATTERS, JOINT OWNERSHIP OF
APARTMENTS AS HEREIN DEFINED AND FOR OTHER
_
MATTERS PERTINENT THERETO. -
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:`
Section 1. [SHORT TITLE.] This act shall be known
,
,
be cited as the "apartment ownership act."
and may P -
��
Sec. 2. [DEFINITIONS.] As used in this act, unless y
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the context otherwise requires.
-
(a) "Apartment" means a part of the property intended
_..-
for any type of independent use, including one or more rooms,•,'.
p
'or enclosed spaces located on one or more floors, or part
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or parts thereof,' in a building, and with a direct exit to
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r 'a
public street or highway or to a common area leading to
',7
4
such street or highway.
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(b) "Apartment owner" means the person or persons owning
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an apartment in fee simple absolute and an undivided interest
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in the fee simple estate of the common areas and facilities',
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-
in the percentage specified and established in the declaration.
(c) "Apartment number" means the number, letter, or
combinations=.thereof, designating the apartment in the
declaration.
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(d) . "Association of apartment owners" means all of the :.
-
apartment owners acting as''a group in accordance with the..
bylaws and declaration. „
(e) "Building" means a building., containing five or more
apartments, or two or more buildings, each containing two or', ;..
-. - -riiore- apartments., =with a total of five or more apartments for
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all such buildings, and comprising a part 'of the property.:r_ ,
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CBS: is "310
." S.F. Ne. 557 `; -
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•• • . :, - - •• �. >�.� � Pa g e 2 `=
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(f) "Common areas and"facilities," unless otherwise
I rovided in the declaration "or lawful amendments thereto,
means and - includes:
-. (1).—The land on which the building is located;
(2) The foundations, columns, girders, beams, supports,
main walls., roofs, halls, corridors, lobbies, stairs, stairways,
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'. =fire escapes, and entrances and exits of the building; `•;y
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` (3). The basements, yards, gardens, parking areas and
, 4'- -
;
storage spaces;
(4) V The premises for the lodging of janitors or persons.=
:w = in charge-of the property; ;
(5) Installations of central services such as power, -
light, gas, hot and cold water, heating, refrigeration,-air
conditioning and incinerating;'
-_ (6) The elevators, tanks, pumps, motors, fans,
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compressors, ducts and in general all aparatus and installations
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existing for common use;
(7) . Such community and commercial ' facilities a's may.be.:;'
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provided for in the declaration;
P laration• and
• � (8) -All other parts of the property necessary or 9
convenient to its existence, maintenance and safety, or
normally in common use.
(g) "Common expenses" means and include:
i
' (1) All sums lawfully assessed against the apartment
owners by the association of apartment owners;
(2) Expenses of -administration, maintenance, repair .or,�' ..
^�
".,replacement of the common, .areas and facilities;
Expenses agreed upon as common expenses by the
association of apartment owners •
(4) Expenses declared .common expenses by -provisions of
. a thisact:, -_or•_ by the declaration or the bylaws .:=
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S.F. No. 557
r�.._..
_._... Page 3
- �(h)— "Common profits "Jmeans the balance of all income,`
rents, profits and revenues from the common areas and facilities
-
'
remaining•after the deduction of the common expenses.
(i) "Declaration" means the instrument by which the
property is submitted to the provisions of this act, as ;.
{
hereinafter provided, and such declaration as'from time to
`
time may be lawfully amended.
(j) "Limited common areas and facilities" means and
{
include those common areas and facilities designated in the_
declaration as reserved for'use of certain apartment or
apartments to the exclusion of the other apartments.
(k) "Majority" or "majority of apartment owners" means
the apartment owners with 51 percent or more of the votes in J'
-r
accordance with the percentages assigned in the declaration
to the apartments for voting purposes.
; ;a
(1) "Person" means individual, corporation, partnership;
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association, trustee or other legal entity.
;
++ ++ and the buildin •
(m) Property means and includes the land, g�
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_
all improvements and structures thereon, all owned -in fee
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simple absolute and all easements,, rights and appurtenances
belonging thereto, and all articles of personal property
.,_intended for use in connection therewith, which have been
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or are intended to be submitted to the provisions of this act.
(n) "Recording officer" means the register of deeds
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or the registrar of titles, as the case may be, of the county,
in which the property is situated.
L'
OF ACT This act shall be �1
Sec. 3. [APPLICATION ACT.] - .
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applicable only to property, the sole owner or all of the
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a`
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'owners of which submit the same to the provisions hereof by,..-.,.
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duly.,_executing and recording a declaration as hereinafter,,
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provided.
Sec.-4'e' [STATUS OF y('THE APARTMENTS . ] Subdivision 1:
•.. f•''
` . `- ._ ;_.,. � ~' ; - • - T, • . . - •�•,'.1 1
f `J
•lam.
"
S.F. No. 557
- Page 4
Each apartment, together with its undivided interest in the
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common areas and facilities, shall for all purposes constitute
a parcel of real property.
Subd. 2. For the purposes of the constitution and laws
:•of
the state of Minnesota, such parcel of real property is'.,'s.
the homestead of the owner thereof, if otherwise qualified
~
thereunder:
Sec. 5' OF APARTMENTS.] Each apartment
,•owner
shall be entitled to the exclusive ownership and
possession of hisf'` apartment.
Sec. 6. [COMMON AREAS AND FACILITIES.] (a) Each
apartment owner shall be entitled to an undivided interest
in the common areas and facilities in the percentage expressed
- u
in the declaration. Such percentage shall be computed by
w,
taking as a basis the value of the apartment in relation to -,..:
the `- valuue :bf the property.
(b) The percentage of the undivided interest of each
apartment owner in the common areas and facilities as -
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expressed in the declaration shall have a permanent charactery
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',: -and
shall not be altered without the consent of all of the
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apartment owners expressed in an amended declaration duly
,; --
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recorded. The percentage of the undivided interest in the... ,
common areas and facilities shall not be separated from the
• .= t `�a.'
apartment to which it appertains and 'shall be deemed to be
;..,• =µ{ �'.
conveyed or encumbered with the apartment even though such a
interest is not expressly mentioned or described in the
;.
,.;. conveyance or other instrument. ,.
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(c) The common areas and facilities shall remain
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ter•
undivided and no apartment owner or any other person shall,.,
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bring any action for partition or division of any part thereof,.
'..
unless the property has been removed from the provisions of
this act as provided in sections 16 and-26.. Any covenant to
the contrary shall be null and void. `J
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S.F. No. 557
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Page 5
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(d) Each apartment owner may use the common areas and
-
-fac'ilities in accordance with the purpose for which they were'
'
intended without hindering or encroaching upon the lawful
fights of :_the 'o thaer` apartment owners.
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(e) The necessary work of maintenance, repair, and
_.'
replacement of the common areas and facilities and the making'
of any additions or improvements thereto shall be carried out,
only as provided herein and in the bylaws.
(f) The association.of apartment owners shall have the
irrevocable right, to be exercised by the manager or board of
`
directors', to have access to each apartment from time to time
_,..during
reasonable hours as may be necessary for the maintenance,
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repair, or replacement of any of the common areas and facilities
r
� therein or accessible therefrom, or for making emergency
repairs therein necessary,to prevent damage to the common
areas and facilities or to another apartment or apartments.
=:
••
Sec. 7. [COMPLIANCE WITH COVENANTS, BYLAWS AND
tr r _
t
ADMINISTRATIVE PROVISIONS;] Each apartment owner shall
comply strictly with the -bylaws and with the administrative
rules` -aiid -regulations • adopted pursuant thereto, as either of
the same may be lawfully amended from time to time, and with"
the covenants, ` conditions, and restrictions set forth in 'the "..-
:
declaration or irit':the deed to his apartment. Failure to
comply with any, of -the same shall be ground for an action to
recover sums . 'due for damages or injunctive relief or both'
'
maintainable by the manager or board of directors on behalf ',
:•.
of the association of apartment owners or, in a proper case;:,..;
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by an aggrieved apartment owner. : •<:
[CERTAIN WORK PROHIBITED.] No apartment owner,`.`-
3
+
shall_ do any work which would jeopardize the soundness or--,, =,
safety of the property, reduce the value thereof or impair - ,.
any easement or hereditament.without in every such case the.-.'.
"r= --
unanimous' consent of all' the other apartment owners being
_
-first obtained.r,
GBS :ls
-- __ S.F. No. 557
Paoe 6
Sec. [LIENS AGAINST APARTMENTS; REMOVAL FROM LIEN;
r
-Subsequent to recording the
EFFECT OF PART PAYMENT.].• (a) Subseq g
' declaration as provided 'in this act, and while the property
subject 'to'this act, no lien shall thereafter arise
,remains
or be effective'.against the property. During such period
liens or encumbrances shall arise or be created only against
;
each apartment and the percentage of undivided interest in
the common areas and facilities, appurtenant to such apartment,
''.-in the same manner and under the same conditions in every
".. .:_ respect as liens or encumbrances may arise or be created
3
- "-upon or against any other separate parcel of real property
subject to individual ownership; provided that no labor
performed or materials furnished with the consent or at the
s
1
request of an apartment owner or his agent or his contractor
:..a
.
n - or subcontractor shall be 'the basis for the filing of a' lien
pursuant to the lien law against the apartment or any pursuant er.
'� ' property of any other apartment owner not expressly consenting
i�
+t..r is ",•: � ^'�!
to or requesting the same, except that such express consent
`--'shall be deemed to be given by the owner of any apartment
in the case of emergency repairs thereto. Labor performed •� r' ,.
:'• "` or materials furnished for the common areas and facilities,'''
=,
if duly authorized by the association of apartment owners,
the manager or board of directors in accordance with this
• .1 ` "r �'
act, the declaration or bylaws, shall be deemed to be
` performed or furnished with the express consent of each ;+
` apartment owner and shall =be the basis for the filing of a
-'
lien pursuant to the lien law against each of the apartments•,
and shall be subject to the provisions of subparagraph (b)
s hereunder.
_
(b) In the event a lien against two or more apartments
becomes effective, the apartment owners of the separate
apartments may remove'.,their - apartment and, • the percentage of f:
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—`1 s14
`S.F. No. 557
r Page 7
undivided interest in the common areas and facilities
appurtenant to such apartment from the lien by payment of
the fractional or proportional amounts attributable to each,,'
.,
of the apartments affected. Such individual payment shall
be',:'
='
computed by reference to the percentages appearing on the
,
declaration. Subsequent to any such payment, discharge, or
other satisfaction the ar tment and the percentage of
t
r
-
undivided interest in the common areas and facilities,'
appurtenant thereto shall thereafter be free and clear of
the lien so paid, satisfied or discharged. Such partial
payment, satisfaction or discharge shall not prevent the
lienor-from-proceeding -to -- enforce his rights against any
-2
apartment and the percentage of undivided interest in the
common areas and facilities appurtenant thereto not so paid,
-- -""-satisfied
or discharged.
{
Sec. 10. [COMMON PROFITS AND EXPENSES.] The common
profits of the property shall be distributed among, and the
'
common expenses shall be charged to, the apartment owners
,-
according to. the percentage of the undivided interest' in
x
-
the.dommon areas and facilities.
= =: Sec. T'11. (CONTENTS OF DECLARATION. ] The declaration
-,. ;
'
shall contain the following particulars:
r
(1) Description of the land on which the building and
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improvements are or are to. be located.
'
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A
'Description of. _.the - building, stating the number
L -of- stories -and basements, the number of apartments and the,
,:-.,'principal
materials of which it is or is to be constructed.'
_
_ --
- (3) .-- The ' apartment number of each apartment; and a
' - • ; ;
statement of -,its' _ location;' approximate area; number of rooms,-,
and ,immediate common area ;to which it has access, and any
'', ;,,:•;
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It $ } •
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_.�- �- - -- - S.F. No. 557 =
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- - -.._ __ _ Page S - - ., .:. .,•
•..�=; -..�,- �_� .v. -.__._ w .,
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other data necessary for its proper identification.
(4) Description., of the common areas and facilities.
. --
- ---- ---- ---- --�`.�
Description of the, limited common areas and
- "�, -.facilities,
if any, stating to which apartments their use
- ="- --"is
- reserved: •
(6) -Value of the property and of each apartment, and ,.
--
percentage of undivided interest in the common areas and
facilities appertaining to each apartment and its owner for
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_.
all'purposes, including voting.,
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Statement of the ur oses for which the building
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and each of the apartments intended and restricted as
_are
_(8) The name of a person to receive service- of process
=
in the cases hereinafter provided, together with the residence
or place of business of such person which shall be within
f
•F
city or county in which the building is located. `
..° -
(9) Provision as to-the percentage of votes by the
apartment owners which shall be determinative of whether to,,
rebuild, repair, restore,-or sell the property in the event-
of damage or destruction of all or part of the property.
-�
Q0) Any further details in connection with the property
,
='
'which the person executing the declaration may deem desirable;,'
to set forth consistent with this act.
-
�~
The method by which the declaration may be amended,,, .
-consistent
with the'provisions of this act.
Sec; 12. [CONTENTS OF DEEDS OF APARTMENTS. ] Deeds of
apartments shall .include the following particulars: :;: ';;`
Description of the land as provided in section 11
of this act or the post office address of the property
� .P P P Y�
.,
., _
including ink either.'cY�$e the liber, page and date' of
recording of the`�=declaration.
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GBS:ls 310
`•
'. S.F. No. 557
,s
,,
. ._` page 9
The apartment. number of the apartment in the
a
R=-= declaration._and any other .data necessary for 'its proper
identification.
(3 ),, Statement of the use for which the apartment is
~ Y' intended and restrictions on its use.
(4) The percentage of undivided interest appertaining'
to the apartment in the common areas and facilities.
--(5) =Any futther details which the grantor and grantee
may deem desirable to set forth consistent with the '
,. declaration and thi$ act,
Sec . 13. [ COPY OF THE FLOOR.-PLANS TO BE FILED.']
_ �.L_._Simultaneously with the recording of the declaration there
shall be filed in * the `office of the recording officer a ,set
of the 'floor plans of the building showing the layout,
"location, apartment numbers and dimensions of the apart- „.
meats, stating the. name of the building or that it has no
name and bearin Y';the verified statement of a registered
y architect or licensed professional engineer certifying that''
' it is an accurate. copy of portions of the plans of the
building `as filed with and approved by the municipal or
other governmental subdivision having jurisdiction over the
'-issuance of permits for the construction of buildings.
such plans do not include a verified statement by such .,
architect' or engineer that. such plans fully and accurately
-depict the layout, location,-apartment numbers and
dimensions of the apartments as built there shall be
"" recorded _prior to the first conveyance of any apartment 'an'
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}
amendment, to the declaration to which shall be attached a
•' ;` �.- -,,verified statement of a registered architect or licensed -� = --
' ' ' •; i
- professional engineer certifying that the plans theretofore"-'.
;
e.file_ d,- or- being ; filed simultaneously with such amendment,',
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GBS :ls •310
S.F. No. 557 ;i
V
Page 10
?. 1 - fully and accurately depict the layout; location, apartment
numbers and dimensions of the apartments as built. Such ' • -':= _
plans,. shall be kept by the recording officer in a separate
'file
for- •each' building, indexed in the same manner as a
conveyance entitled to record, numbered serially in the
order of receipt, each designated "apartment ownership,"
}y
with the name of the building, if any, and each containing
•_
a reference to the liber, page and date of recording of
;�
-the declaration. Correspondingly, the record of the
declaration shall contain a reference to the file number '..
J;
of the floor plans of the building affected thereby.
Sec. 14. [BLANKET MORTGAGES AND OTHER BLANKET LIENS
AFFECTING AN APARTMENT AT TIME OF FIRST CONVEYANCE . ] At
the time of the first conveyance of each apartment, every
mortgage and other lien affecting such apartment, including
h•
'the percentage of undivided interest of the apartment 'in the
°
Y
common areas and facilities, shall be paid and satisfied
of record, or the.apartment being conveyed and its percentage
of undivided interest. in the common areas and facilities
shall be released therefrom by partial release duly recorded'.'"
'
Sec. 15. (RECORDING.]
-�_
(a) The declaration,: any amendment or .amendments thereof,
= •
any instrument by which the provisions of this''act. may be
: "- '::•waived,
and every instrument affecting the property or any -
apartment
shall be entitled to be recorded. Neit her
•
i .t V ` •
the declaration nor any amendment thereof shall be valid
unless duly recorded in the office of the register of deeds. -,
;
..or.
the ' registrar of titles, as the case may be.
(b) In addition to the records and indexes required `'
a
' ' 1
to be maintained by the recording officer, the recording
officer shall maintain an index or indexes whereby the
. -recordof
` -each "declarations contains a reference to the record--,.`
'' apartment owner shall be the percentage of undivided interest',
GBS : is 3
- :-- �- --preV:tdus-ly owned by such owner in the common areas and
' S.F. No. 557
Page ]1
+�
The removal provided for in the preceding section shall in =-
y
,
--no way bar the subsequent resubmission of the property to-
the provisions of this act.
n
Sec. 18. [BYLAWS.] The administration of every property,
of each conveyance of an apartment affected by such
F K
rdeclaration, and t1B record of each conveyance of an {
-
'• r
annexed to the declaration and made a part thereof. No
.
apartment contains a reference to the declaration of the
,-------- modfcaaion�of `or amendment to the bylaws shall be valid
--
`
f '' unless forth in an amendment to the declaration 'and such
buildin of which such apartment is a part.
' f
�Sec.:._l6..,_- .[REMOVAL FROM PROVISIONS OF THIS ACT.)
(a)' All of the apartment owners may remove a property- -_
r
from the provisions of this' act by an instrument to that
-
-
effect, . duly recorded, provided that the holders of all liens
' -:-affecting
any of the apartments consent thereto or agree,
in either case by instruments duly recorded, that their liens
= :
be transferred to the percentage of the undivided interest
of the apartment owner in the property as hereinafter provided.
-. -`•
(b) Upon removal of the property from the provisions
s
- _ _ -of'
this -act, the property shall be deemed to be owned in
_ .common
by the apartment owners. The undivided interest in
'' apartment owner shall be the percentage of undivided interest',
'
- :-- �- --preV:tdus-ly owned by such owner in the common areas and
- - Sec: --17; [ REMOVAL NO BAR TO SUBSEQUENT RESUBMISSION.]'
" 4
The removal provided for in the preceding section shall in =-
y
,
--no way bar the subsequent resubmission of the property to-
the provisions of this act.
n
Sec. 18. [BYLAWS.] The administration of every property,
�
F K
=- r '---shall —sha l l b e governed
,.., by bylaws, a true, copy of which shall be
-
'• r
annexed to the declaration and made a part thereof. No
,-------- modfcaaion�of `or amendment to the bylaws shall be valid
--
`
f '' unless forth in an amendment to the declaration 'and such
°Y amendment is duly recorded.
r
r�:: -� ,:.1;��.N.W:,�..�,a .�.a._ ..•;..,�..na•.:.,,:.., zsx.,�.t:sko�:�ar.R�.�,.d3va1
_ • ___ _ _ __ �_: _= -_ _ . _ .__ _.. ,.. _- _ _ .., GBS :1 -s, -
310
_,_
k S.F. No. 557
Page' 12
and - facilities. -',--
i' W S. The bylaws may provide Y
Sec. 19. [CONTENTS OF BYLAW S j y
•1+
1, b:yr:'•:'
for the following:
(a)- -°°The-election from among the apartment owners of
rules and. regulations'lgoverning the details of
=- -a- board, °�o-direc tors, the number of persons constituting
and use of the .,'co 1•mmori.'•areas and facilities.,.'.
the_same and that the terms of at least one third of the
b
- '
' w ' 're annuall • the owdrs and duties of
.directors shall expire y, p
,
board; the compensation, if any, of the directors; the ,.
method of removal from office of directors; and whether or'''-
-
not the board may engage the services of a manager or
_
=„�.- - managing agent.
A
(b) 'Method of calling meetings of the apartment
' Y
owners;=whatrperc t ge', -if other than a majority of
- apartment 'owners, shall-constitute a quorum.
(c)` Election 'of a president from among the board of `'•
= '. `- '','directors who shall preside over the meetings of the board.
directors and of the association of apartment owners. ;
`. (d) Election of a secretary who shall keep the minute,
book rwherein - resolutions shall be recorded. _
(e) -Election of a treasurer who shall keep the
financial records and books of account.
(f) Maintenance, repair and replacement of the common'..,
74.',areas and facilities and payments therefor, including the
_method: of approving payment vouchers. :r "
Manner of collecting from the apartment owners
' their share of the common expenses. =t�'
. 3
Designation and removal of personnel
necessary for ; :_
the maintenance, repair and replacement of the common areas :
and - facilities. -',--
•Method:of adopting and of amending administrative',-';.
k
rules and. regulations'lgoverning the details of
the• operation
and use of the .,'co 1•mmori.'•areas and facilities.,.'.
, . .
�GBS:ls 310
S.F. No. 557
i Page 13
(j) Such restrictions on and requirements respecting
• F� .
_ -then use and maintenance 'o f the apartments and the use of the
-�
-'--common-areas and facilities, not set forth in the declaration,
as are designed to` prevent unreasonable interference with the
use of their respective apartments and of the common areas
and facilities by "the several apartment owners.
(k) 'The percentage of votes required to amend the
bylaws. `
(1) Other provisions -as may be deemed necessary for
'the administration of the property consistent with this act.
See. 20. [ BOOKS OF RECEIPTS AND EXPENDITIR ES ;
AVAILABILITY FOR EXAMINATION.] The manager or board of
- directors; as the case may be, shall keep detailed, accurate
records in chronological order, of the receipts and -
expenditures affecting' the common areas .and facilities.
F specifying and itemizing the maintenance and repair expenses
of the common areas and facilities and any other expenses .
incurred. Such records and the vouchers authorizing the
��'' payments shall be available for examination by the apartment _
owners at convenient hours of week days.
'e'
Sec. 21. [WAIVER OF USE OF COMMON AREAS AND FACILITIES;
;,�" ~ABANDONMENT OF APARTMENT.] No apartment owner may exempt
himself from liability for his contribution towards the
;•;,td.f common expenses by waiver of the use or enjoyment of any
of the common areas and facilities or by abandonment of his
apartment.
4 Sec. 22. [SEPARATE TAXATION.] Each aparttinent and it,,-
percentage of undivided interest in the common areas and
facilities shall be deemed to be a parcel of real property
•
13
L; at-
r
G.._. w. oua�+ G' c:: M.. tiAty.,_,.+-= r'_._.YY.JrWWR'.a.: e,.\ - .+t�:LI t .Jr. — _ M `_ rKfS' .+t ...�� � _ _ _ •--. _ _ "•t ` _ . ..u..:u«JJ:•:rG+:i44N1.'I.�tf�
BS: isr ,310, ;
-• • S. F. No. 557 ,
f
P age ]h
F
and shall be subject to separate assessment and taxation
subdivision thereofL
the state of Minnesota or any taxing s
for all types of taxes authorized by law including but not ,•
`" :. •limited to special ad valorem levies and special assessments:''.
•.���,D,�`��'
r�� , � . the common
- - the building, the, property nor 'any of
and facilities shall be deemed to be a separate .`
p
.areas
: to
k.' parcel of real property. s.
Sec. 23. [PRIORITY OF LIEN.]
(a) All sums assessed by the association of apartment.: "
owners but unpaid for the share of the common expenses L�
chargeable to any apartment shall constitute a lien on t
�,.• ' -such apartment prior to all other liens except only (i) tax
. Y
liens on the apartment, including assessments for sewers,
= grading or paving of streets and other improvements thereof,
r' in favor of the state of Minnesota or any taxing subdivision•
thereof, and (ii) all sums unpaid on a first mortgage of,
{
record. Such lien may Nbe foreclosed by suit by the manager
" or "nboard of directors, acting on behalf of the apartment
.,
owners, in like manner as a mortgage of real property.
. :ZIn,any such foreclosure the apartment owner shall be required
to -pay -a reasonable rental for the apartment, if so provided
-' in the bylaws, and the plaintiff in such foreclosure shall,
be entitled torthe appointment of a receiver to collect the
_
same. The manager or board of directors, acting on behalf f
of the apartment owners, :'shall have power, unless prohibited:,
,
by: the declaration, to bid in the apartment at foreclosure
J
sale and to acquire and; hold lease mortgage and cone �.•
4
j
_
�y't',
the same.' Suit to recover -a money judgment for 'unpaid•
common - expens.es._shall ybe 'maintainable - without foreclosing
the_1_ ien the same
_�or_wa.iving _securing
/I:1
QY`]Y.%i�i�'.i�T}ilk,ltiJllCdd YlidiiG llaelj - 1.G.:CVe.j" "J `'LiYii,�.wr.a,SZ]CM.'_•__ —_ - _..Y•4YFL -_ _- - .�.. w......r. Y- �fn•iY.n.`__ -_ - rViNk�.e2..'.v..¢I•1iii�(�wv'�
y GBS : is 310
►
or board of directors, as -the case may be, setting forth,,'
S.F. No. 557 , °`
: 4
Page 15
the- -- amount of the unpaid assessments against the grantor
(b) Where the mortgagee of a first mortgage of record
• and such grantee e. -shall -not be liable for, nor shall the
rte` purchaser of an apartment obtains title to the
'-apartment as a result of foreclosure of the first mortgage,Y
'apartmerit conveyed be subject to a lien for, any unpaid
such-acquirer of title, his' successors and assigns, shall
,not be liable for the share of the common expenses or -
s
` assessments by the association of apartment owners chargeable.,.,
.,
th efein set forth.
to such apartment which became due prior to the acquisition 't
-Sec. . 25 . [INSURANCE.]
~ The manager or the board of
of title to such apartment by such acquirer. Such unpaid
directors, -if required by the declaration, bylaws or by a
e
share of common expenses or assessments shall be deemed to
r_.,. be common-expenses-collectible from all of the apartment
- T-- ._owners_indluding such acquirer, his successors and assigns: :;
a
4 Sec. 24. [JOINT-AND- SEVERAL LIABILITY OF GRANTOR AND
A'
GRANTEE FOR UNPAID COMMON EXPENSES.] In a voluntary
•
mortgagee having a first mortgage -of record covering an
Y
-_
- - 'conveyance the grantee of- an apartment shall be jointly and .,
-,
severally liible� with the grantor for.all unpaid assessments,
agairrs:t�:`the - latter for Iiis share of the common expenses up-'.-"
a
- - - -to- -the time of the grant or 'conveyance, without prejudice
,. and _such other hazards under such terms and for such amounts
::
:. to the grantee's right to recover from the grantor the
_� _r -= amounts uaid by the srantee therefor. However. anv such
grantee shall be entitled to a statement from the manager
3 1�
or board of directors, as -the case may be, setting forth,,'
the- -- amount of the unpaid assessments against the grantor
• and such grantee e. -shall -not be liable for, nor shall the
--
'apartmerit conveyed be subject to a lien for, any unpaid
I..' -.. assessments against the grantor in excess of the amount
th efein set forth.
-Sec. . 25 . [INSURANCE.]
~ The manager or the board of
directors, -if required by the declaration, bylaws or by a
e
majority of the apartment-owners, or at the,request of a
•
mortgagee having a first mortgage -of record covering an
Y
-_
apartment, shall have 'the,authorit to 'and shall obtain
-,
..
_ insurance for the property against loss - or- damage by fire
,. and _such other hazards under such terms and for such amounts
::
r.c - - k;nr:' -.�. • - - - ' ' • .�. - -
/.�.oea�.m:awaua:e�cy
yt- GBS:1$ 310.
S 557 -
t'
Page 16
- as shall, be required or requested . Such insurance coverage
shall be written on the +property in the name of such manager. - '
' or o'f the -board of directors of the association or apartment-. e'
s
as trustee for each of the apartment otrners in the
".° -percentages established in the declaration. Premiums shall'
be common, expenses.. Provision for such insurance shall be
prejudice to the right of each apartment owner to y.
' insure his own apartment for his benefit.
�." Sec. 26. [DISPOSITION OF PROPERTY; DESTRUCTION OR +r
_ DAKAGE.] If, within 90 days of the date of the damage or
destruction to all or part of the property, it is not determined
by the association of 'apartment owners to ..repair, ; .4
' reconstruct' or rebuild, then and in that event:
(a)._ The property shall, be deemed to be owned in
J` common by the apartment owners;
;
(b) The undivided interest in the property owned .S r
in common which shall appertain to each apartment owner
T r 'shall be the percentage of undivided interest previously,
owned by such owner in the common areas and facilities; A,
(c) Any liens affecting any of the apartments shall '
'.' be deemed to be transferred in accordance with the existing
,�'',
priorities to the percentage of the undivided interest of
apartment owner in the property as provided herein; and '
(d) -The property shall be subject to an action for
„r
• ` -...partition at the'so.it- of any apartment owner, in which even`t�```i
: Y
the net proceeds of sald",;,togethe'r with the net proceeds ofd
-'the- insurance on the property, if any, shall be considered,,.,.,,,,
as one fund and 'shall be .d
-. divided among all the 'apartment
`owners in a percentage equal to the percentage of undivided. ".1.,
�'Y_.nterest -owned by each owner in the property, after first ,;
k
.,'F' •' a in out of the 'r �c ... - - - - - -- - - -- - Y;::
p y g espe Live• shares of the--apartment owners; .,.,
,
-`to the extent sufficient. for the purpose all liens on the
undivided interest in the property owned by each apartment'
16
V
. `- -:• •.�• -
i ` '..
r ^ •' . -.�_�' _
�`r:
liw• _ a.,C x�r+a.•..5LP49�4dv�y dMJe/iiFL•
S.F. No. 557 , ;a
• .. 5r
Page 17
..owner!-.
Sec.. 27. [ACTIONS.] Without limiting the rights of
" a
_
actions may be brought b the mans er �".._;`. -
any apartment owner, y g y g
r
or board of directors, in 'either case in the discretion of s.
_
- -
the board of directors, on behalf of two or more of the
apartment owners, as their respective interest may appear; 'T=;
with- t'dspect to 'any cause -of action relating to the common
areas and facilities or more than one apartment. Service
of process on two or more - apartment owners in any action•
relating _to the common areas and facilities or more than
one apartment may be made on the person designated in the f` '
• 9
declaration-to-receive service of process.
28.. -, •-[ PERSONAL _APPLICATION . ]
" f
�(a) All apartment-owners , tenants of such owners, `
employees of owners and tenants, or any other persons that
- ' - :.''.,may in any manner use property or any part thereof submitted �',,
t
to the - provision of this act shall be subject to this act
and to the declaration and bylaws of the association of'
apartment owners adopted pursuant to the provisions of this,
- - - -- -• - : }. t
4
'act.
-- -. . , ;
b) A11- agreements; : e isions and determinations
'
lawfully made by the association of apartment owners in
'accordance
with the voting percentages established in th e
:act, declaration or bylaws shall be deemed to be binding
-
`
on all apartment owners
Sec. 29. (SEVERABILITY. ] If any provision of this
•. act-or- -any -- section, sentence, clause, phrase or word, or ,•
the application thereof in ally circumstance is held invalid, -,
_
the validity of the remainder 'of the act and of the' `
�!
�•
application of-any such .:provision, sect -ion, sentence, clause' . , -.,
phrase' or word- iii any "other circumstances shall not be
-
-
affected thereby
•,••T,r— �.. - -.__ _y,- +•�- +Q._�•.. _ .yam- �- ..,r_tin �.�.__ .. '
• J