Subdivision 1. [Repealed, 2001 c 50 s 37]
Subd. 1a. 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. Removal. The registrar of titles shall carry forward the memorial set forth in subdivision 1 until directed to remove it by a court order as provided for in section 508A.71.
Subd. 2a. 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 under chapter 508 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. CPTs 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 filings 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 were 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.
1982 c 396 s 28; 2001 c 50 s 18-23,38; 2009 c 30 art 2 s 2; 2010 c 233 s 5-7
Structure Minnesota Statutes
Chapters 500 - 515B — Property And Property Interests
Chapter 508A — Registration Of Land Without Court Proceedings
Section 508A.01 — Registration; Purpose; Definition.
Section 508A.02 — Registered, Unregistered Land Subject To Same Incidents.
Section 508A.03 — Application.
Section 508A.04 — Titles Which May Be Registered.
Section 508A.05 — Applications; How Signed And Verified.
Section 508A.06 — Contents Of Application; Claimants' Rights, Privileges.
Section 508A.07 — Nonresident Applicant; Agent.
Section 508A.08 — Application; Land Included.
Section 508A.10 — Application To Examiner; Powers Of Examiner.
Section 508A.11 — Application Filed With Recorder; Abstract To Examiner; Fee.
Section 508A.12 — Examiner Of Titles; Deputies.
Section 508A.13 — Examiner's Reports.
Section 508A.14 — County Surveyor.
Section 508A.17 — Limitation On Actions.
Section 508A.21 — Cpt Application Withdrawal; Conversion To Full Registration.
Section 508A.22 — Examiner's Directive; Fees.
Section 508A.24 — Registration Runs With Land.
Section 508A.25 — Rights Of Person Holding Cpt.
Section 508A.30 — Registrar Of Titles.
Section 508A.31 — Registrar's Bond.
Section 508A.32 — Under Control Of Court; Affixing Seal.
Section 508A.321 — Appeal From Registrar's Decisions.
Section 508A.34 — Cpts; Entering And Binding.
Section 508A.349 — Official Signature Of Registrar Of Titles.
Section 508A.35 — Forms Of Cpt.
Section 508A.351 — Common Interest Community Certificate.
Section 508A.36 — Certificates And Copies As Evidence.
Section 508A.37 — Tract Indexes; Reception Books; Forms Of Records.
Section 508A.38 — Forms Of Records Adopted.
Section 508A.381 — Official Records; Compilation, Maintenance, And Storage Of Information.
Section 508A.39 — Notices After Registration; Service.
Section 508A.40 — Copy Of Cpt To Be Furnished To Owner.
Section 508A.421 — Exchange Cpt.
Section 508A.422 — Combined Certificate.
Section 508A.43 — Effective Date Of Cpt.
Section 508A.46 — Plats Of Registered Land.
Section 508A.47 — Registered Lands; Transfer, Surveys.
Section 508A.48 — Filed Instrument Affecting Title Is Notice.
Section 508A.49 — Interest Less Than Fee; Noticed By Memorial.
Section 508A.491 — Transfer Statement For Contract For Deed.
Section 508A.50 — Instruments To Have Name And Address.
Section 508A.51 — Voluntary Instrument.
Section 508A.52 — Conveyance; Cancellation Of Old And Issuance Of New Cpt.
Section 508A.53 — Transfer And Payment Of Taxes.
Section 508A.55 — Registration Of Mortgage; Memorial Entered On Cpt.
Section 508A.56 — Assignment And Discharge Of Mortgage.
Section 508A.57 — Foreclosure; Notice.
Section 508A.58 — Registration After Foreclosure; New Cpt.
Section 508A.59 — Registration Of Judgment Or Final Decree.
Section 508A.61 — Trust, Other Limited Deeds; New Trustee; Corporate Dissolution.
Section 508A.62 — Trustee's Conveyance.
Section 508A.63 — Registration Of Instruments Creating Liens; Judgments.
Section 508A.64 — Attachments; Liens.
Section 508A.65 — Plaintiff's Attorney; Name And Address Endorsed; Notice.
Section 508A.66 — Officer's Certificate For Registrar To Cancel; Lis Pendens.
Section 508A.67 — Acquiring Title By Action; New Cpt.
Section 508A.68 — Death Of Owner; Issuance Of New Cpts.
Section 508A.69 — Jurisdiction Of Court Not Impaired.
Section 508A.70 — Subsequent Adverse Claim, How Registered; Costs.
Section 508A.71 — Alterations; Court, Examiner's Order; New Certificate.
Section 508A.72 — Agency; Power To Be Registered.
Section 508A.73 — Eminent Domain; Reversion; Vacation.
Section 508A.76 — Registrar's Liability.
Section 508A.77 — Parties Defendant; Judgment; Execution.
Section 508A.78 — Liability Of Fund.
Section 508A.79 — Limitation Of Action.
Section 508A.80 — Fraudulent Instrument Or Entry; Penalty.
Section 508A.82 — Registrar Of Titles' Fees.
Section 508A.836 — Disposal Of Certain Affidavits.
Section 508A.84 — Instruments Of Encumbrance; Disposal.
Section 508A.85 — Changeover From Cpt To Certificate Of Title.