Subdivision 1. Condominium declaration. Prior to recording with the registrar of titles of a declaration or bylaws for a condominium, or an amendment to the declaration or bylaws, or a supplemental declaration pursuant to section 515B.2-111, a determination must be made by an order of court in a proceeding subsequent to initial registration or by a written directive of the examiner of titles that the documents comply with the requirements of the applicable condominium statute.
Subd. 2. Form of common interest community certificate of title. Upon the recording of a declaration creating a condominium or a planned community pursuant to chapter 515B, the registrar shall issue a certificate of title, designated as a "common interest community certificate of title," ("CICCT"). It must be in substantially the following form:
COMMON INTEREST COMMUNITY CERTIFICATE OF TITLE (CICCT)
This is the Common Interest Community Certificate of Title for CIC No. ............
CICCTs must be maintained in the same manner as provided for certificates of title and must be indexed in the tract index as provided in section 508.37, subdivision 1a. The names of the owners in the tract index must be "owners." The description of the registered land in the tract index must be "common interests" or "CICCT."
Subd. 4. Unit and common elements certificates. Certificates of title issued for the units described in the declaration, and for common elements described in the declaration for a planned community, must contain a statement in substantially the following form: "subject to encumbrances, liens, and interests noted on (CICCT) No. ............"
Subd. 5. Memorials. The condominium or planned community declaration, bylaws, any amendment to the declaration or bylaws; any supplemental declaration pursuant to section 515B.2-111; any lien against the common elements in a condominium pursuant to chapter 514; any fixture filing pursuant to section 336.9-314 where the financing statement describes the common elements in a condominium; any easement on the common elements in a condominium pursuant to section 515B.3-102, subsection (a)(9); any instrument evidencing the transfer of a special declarant right pursuant to section 515B.3-104; and any conveyance or encumbrance of the common elements in a condominium pursuant to section 515B.3-112 must be entered as memorials on the CICCT only. The entry of a memorial on the CICCT shall have the same effect as if the memorial was entered on the certificates of title for the units in the common interest community and on the certificates of title for the common elements in a planned community.
Subd. 6. Preexisting condominiums. (a) Except as provided in paragraph (b), in the case of a condominium existing prior to August 1, 2009, on registered land, for which no CICCT has been issued, upon the recording of a document of the kind specified in subdivision 5, the registrar shall issue a CICCT, but documents filed prior to the issuance of the CICCT need not be entered as memorials on the CICCT. The registrar for no additional fee shall enter on the certificate of title for each of the units in the condominium the statement specified in subdivision 4.
(b) In the case of a condominium for which a CECT has been issued pursuant to Laws 2001, chapter 50, section 4, upon the recording of a document specified in subdivision 5, the registrar shall cancel the CECT and issue a CICCT in lieu thereof. The statement on the certificate of title for each of the units in the condominium regarding the CECT shall be amended by the registrar for no additional fee to refer to the CICCT.
Subd. 7. Preexisting planned communities. In the case of a planned community, as defined in chapter 515B, existing prior to August 1, 2009, on registered land, for which no CICCT has been issued, upon the recording of any amendment to the declaration of the planned community, or any supplemental declaration pursuant to section 515B.2-111, which identifies the common interest community number of the planned community, the registrar shall issue a CICCT, but documents filed prior to the issuance of the CICCT need not be entered as memorials on the CICCT. The registrar for no additional fee shall enter on the certificate of title for each of the units and for the common elements in the planned community the statement specified in subdivision 4.
2001 c 50 s 4; 2009 c 30 art 2 s 1; 2010 c 233 s 2-4
Structure Minnesota Statutes
Chapters 500 - 515B — Property And Property Interests
Chapter 508 — Registration Of Land
Section 508.01 — Registration.
Section 508.02 — Registered Land; Same Incidents As Unregistered; No Adverse Possession.
Section 508.04 — Titles Which May Be Registered.
Section 508.05 — Application, How Signed And Verified.
Section 508.06 — Contents Of Application; Rights And Privileges Of Claimants.
Section 508.07 — Nonresident Applicant; Agent.
Section 508.08 — Application, Land Included.
Section 508.10 — Application To District Court; Powers Of Court.
Section 508.11 — Court Administrator; Filing, Recording; Certifying; Effect.
Section 508.12 — Examiners Of Titles.
Section 508.13 — References To Examiners; Powers; Reports.
Section 508.14 — Survey In Certain Counties.
Section 508.15 — Order For Summons; Parties Defendant.
Section 508.16 — Form Of Summons; Service On Various Parties; Publication.
Section 508.18 — Guardian Ad Litem; When Appointed.
Section 508.19 — Decree On Default.
Section 508.20 — Trial; Reference.
Section 508.22 — Decree Of Registration; Effect.
Section 508.23 — Contents Of Decree; Copy Filed.
Section 508.24 — Registration Runs With Land; Withdrawal.
Section 508.25 — Rights Of Person Holding Certificate Of Title.
Section 508.26 — Opening Decree.
Section 508.27 — Title Acquired Pending Proceeding.
Section 508.28 — Limitation Of Actions.
Section 508.30 — Registrar Of Titles.
Section 508.31 — Registrar's Bond.
Section 508.32 — Under Control Of Court; Affixing Seal.
Section 508.321 — Appeal From Registrar's Decisions.
Section 508.34 — Register Of Titles.
Section 508.349 — Official Signature Of Registrar Of Titles.
Section 508.35 — Form Of Certificate.
Section 508.351 — Common Interest Community Certificate.
Section 508.36 — Certificates And Copies As Evidence.
Section 508.37 — Tract Indexes, Reception Indexes.
Section 508.38 — Forms Of Records Adopted.
Section 508.381 — Official Records; Compilation, Maintenance, And Storage Of Information.
Section 508.39 — Notices After Registration; Service.
Section 508.40 — Copy Of Certificate Of Title To Be Furnished To Owner.
Section 508.421 — Exchange Certificate.
Section 508.43 — Certificate, Effective Date.
Section 508.46 — Plats Of Registered Land.
Section 508.47 — Registered Lands; Transfer, Surveys.
Section 508.48 — Instruments Affecting Title Filed With Registrar; Notice.
Section 508.49 — Interest Less Than Fee; Noticed By Memorial.
Section 508.491 — Transfer Statement For Contract For Deed.
Section 508.50 — Instruments To Have Name And Address.
Section 508.51 — Voluntary Instrument.
Section 508.52 — Conveyance; Cancellation Of Old And Issuance Of New Certificate.
Section 508.53 — Transfer And Payment Of Taxes.
Section 508.55 — Registration Of Mortgage; Memorial Entered On Certificate Of Title.
Section 508.555 — Mortgage Securing Revolving Line Of Credit; Notice.
Section 508.56 — Assignment And Discharge Of Mortgage.
Section 508.57 — Foreclosure; Notice.
Section 508.58 — Registration After Foreclosure; New Certificate.
Section 508.59 — Registration Of Judgment Or Final Decree.
Section 508.61 — Trust, Other Limited Deeds; New Trustee; Corporate Dissolution.
Section 508.62 — Trustee's Conveyance.
Section 508.63 — Registration Of Instruments Creating Liens; Judgments.
Section 508.64 — Attachments; Liens.
Section 508.65 — Plaintiff's Attorney; Name And Address Endorsed; Notice.
Section 508.66 — Officer's Certificate For Registrar To Cancel; Lis Pendens.
Section 508.67 — Acquiring Title By Action; New Certificate.
Section 508.671 — Determination Of Boundaries.
Section 508.68 — Death Of Owner; Issuance Of New Certificates.
Section 508.69 — Jurisdiction Of Court Not Impaired.
Section 508.70 — How To Claim An Unregistered Interest After Registration.
Section 508.71 — Alterations; Court, Examiner's Order; New Certificates.
Section 508.72 — Agency; Power To Be Registered.
Section 508.73 — Eminent Domain; Reversion; Vacation; New Certificate.
Section 508.76 — Registrar's Liability.
Section 508.77 — Parties Defendant; Judgment; Execution.
Section 508.78 — Liability Of Fund.
Section 508.79 — Limitation Of Action.
Section 508.80 — Fraudulent Instrument Or Entry; Penalty.
Section 508.81 — Court Administrator's Fees; Publication And Service Costs.
Section 508.82 — Registrar Of Titles' Fees.