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Committee backs technical and substantive updates to condominium law
Summary
Senate File 3622, a sweeping rewrite of portions of the Minnesota Common Interest Ownership Act, was recommended to pass after the author and State Bar Association representatives described clarifying changes to recording, exemptions, insurance allocation and resale disclosure requirements.
The Senate Judiciary and Public Safety Committee recommended Senate File 3622 to the floor after the bill’s author, Sen. Kreun, described a mix of technical conforming changes and several substantive clarifications to Minnesota’s law governing common interest communities (condominiums and similar entities).
Sen. Kreun said the bill updates when certain projects are exempt (access, utilities, parking, drainage), clarifies recording requirements for affidavits and declaration amendments, confirms that condominiums cannot be both Torrens and abstract registered, and allows associations with fewer than three board members when a CIC has fewer than three units. He also highlighted a provision that would require associations to provide maintenance plans, schedules and budgets to subsequent resale purchasers.
Tom Bray of the State Bar Association's relevant committee and a Minneapolis practitioner (identified as Mr. Carlson) testified in support, saying the changes resolve conflicts with the Nonprofit Corporations Act and improve clarity for county recorders and practitioners. Questioning from Sen. Limmer and others focused on when resale disclosures are required, whether purchasers can request records pre‑offer, and whether line‑item dollar amounts must be disclosed; counsel and witnesses said the statute requires a maintenance plan and budget but does not mandate componentized dollar line items and that buyers can request records from sellers.
Sen. Kreun moved the bill as amended; the committee adopted the author's A1 amendment earlier in the hearing and then moved to recommend the bill to the Senate floor by voice vote.
Next steps: SF3622 will be placed on the Senate calendar for floor consideration.
