2005 Minnesota Statutes - 515B.2-118 — Amendment of declaration.

     515B.2-118 Amendment of declaration. 


    (a) The declaration, including any CIC plat, may be amended 
 only by vote or written agreement of unit owners of units to 
 which at least 67 percent of the votes in the association are 
 allocated, or any greater or other requirement the declaration 
 specifies, subject to the following qualifications: 


    (1) A declarant may execute supplemental declarations or 
 amendments under section 515B.2-111 or 515B.2-112. 


    (2) The association and certain unit owners, as applicable, 
 may execute amendments under section 515B.2-107, 515B.2-109, 
 515B.2-112, 515B.2-113, 515B.2-114, 515B.2-119, 515B.2-122, 
 515B.2-123, or 515B.2-124. 


    (3) The unanimous written consent of the unit owners is 
 required for any amendment which (i) creates or increases 
 special declarant rights, (ii) increases the number of units, 
 (iii) changes the boundaries of any unit, (iv) changes the 
 allocated interests of a unit, (v) changes common elements to 
 limited common elements or units, (vi) changes the authorized 
 use of a unit from residential to nonresidential, or conversely, 
 or (vii) changes the characterization of the unit owner's 
 interest in a cooperative from real estate to personal property, 
 or conversely; unless the amendment is expressly permitted or 
 required by other provisions of this chapter.  Where the 
 amendment involves the conversion of common elements into a unit 
 or units, the title to the unit or units created shall, upon 
 recording of the amendment, vest in the association free and 
 clear of the interests of the unit owners. 


    (4) The declaration may specify less than 67 percent for 
 approval of an amendment, but only if all of the units are 
 restricted to nonresidential use. 


    (b) No action to challenge the validity of an amendment 
 adopted by the association pursuant to this section may be 
 brought more than two years after the amendment is recorded. 


    (c) Every amendment to the declaration shall be recorded in 
 every county in which any portion of the common interest 
 community is located and is effective only when recorded.  If an 
 amendment (i) changes the number of units, (ii) changes the 
 boundary of a unit, (iii) changes common elements to limited 
 common elements, or conversely, or (iv) makes any other change 
 that affects the CIC plat, then an amendment to the CIC plat 
 reflecting the change shall be recorded. 


    HIST: 1993 c 222 art 2 s 18; 1994 c 388 art 4 s 8; 1999 c 11 
 art 2 s 11; 2005 c 121 s 16