Minnesota HOA and Condo Laws, in Plain English

Governs the creation, management, and termination of condominiums in Minnesota, primarily those established before June 1, 1994, when the act was later superseded for new communities. It covers declarations and plats, unit boundaries and common elements, association governance and board powers, assessments for common expenses and related liens, and purchaser protections such as disclosure statements and resale certificates.

• Minn. Stat. 515A.4-107 (Resales of Units)

  The Uniform Condominium Act's own resale section: a certificate from the association within seven days of the unit owner's request, dated within 90 days, with ten disclosure items. For any sale on or after June 1, 1994, the Minnesota Common Interest Ownership Act governs instead (515B.1-102(b)(1) applies chapter 515B to condominiums created under this act for later events), so a resale today issues the 515B.4-107 resale disclosure certificate with its ten-day deadline and ten-day cancellation right; this section remains for the act's own record.

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• Minn. Stat. 515A.3-115 (Lien for Assessments)

  Gives the association a lien for unpaid assessments against a unit and requires the association, on written request from a unit owner or an authorized agent, to furnish a recordable statement of the unpaid assessments currently levied against that unit within a set deadline.

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The Minnesota Common Interest Ownership Act governs common interest communities, including condominiums, planned communities, and cooperatives, created on or after June 1, 1994, and applies in part to older communities that elect to come under it. It covers creation and termination of the community, association powers and governance, assessments and reserves, records, owner rights, and purchaser protections including resale disclosure.

• Minn. Stat. 515B.4-107 (Resale of Units)

  Requires a unit owner reselling a unit to give the purchaser a resale disclosure certificate from the association covering assessments, reserves, insurance, pending litigation, and other matters affecting the unit, and requires the association to furnish the certificate on request within a set deadline. The association may charge a reasonable fee for producing the certificate and related documents, and a purchaser is not liable for unpaid or increased assessments beyond what the certificate discloses.

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• Minn. Stat. 515B.3-116 (Lien for Assessments)

  Gives the association a lien for unpaid assessments against a unit and requires the association, on written request from a unit owner or an authorized agent, to furnish a statement of the unpaid assessments currently levied against that unit, in recordable form, within a set deadline; the statement then binds the association and unit owners.

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• Minn. Stat. 515B.4-108 (Purchaser's Right to Cancel Resale)

  Gives a purchaser who was not given the resale disclosure certificate and governing documents more than ten days before signing the purchase agreement the right to cancel the agreement, before conveyance, within ten days after receiving them, without penalty and with all payments refunded. The right may be modified or waived only by a separate instrument the purchaser signs more than three days after receiving the certificate, and the seller may not condition the sale on a waiver. Applies to every planned community and cooperative regardless of creation date and to condominiums created under the earlier acts.

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