(1) A common element license may be held only by a unit owner, and the purported transfer of a license to a person other than a unit owner shall be void. Except as provided in the declaration or this subsection, no interest in the common element license may be held or transferred separate from the unit.
A common element is defined as all portions of the property except the units. Examples of common elements include fitness centers, elevators, lobbies, walkways, lighting in common hallways, garbage collection areas, swimming pools, landscaping, club houses, and more.
Common ownership or control is determined as of when the parties agree to perform a transaction, even if the parties perform the transaction later. Common ownership means greater than 50% ownership by the same related party interests.
(1) A common element license may be held only by a unit owner, and the purported transfer of a license to a person other than a unit owner shall be void. Except as provided in the declaration or this subsection, no interest in the common element license may be held or transferred separate from the unit.
Maintenance, repair, and replacement of a limited common element is usually the responsibility of the association except to the extent the declaration shifts that duty to the unit owner.
MCIOA provides statutory authority for common interest communities formed on or after June 1, 1994. MCIOA governs iniums formed under the Minnesota inium Act (prior to August 1, 1980) with limited applicability.
The Minnesota Common Interest Ownership Act, or MCIOA, governs the legal standing and obligations of townhome associations, primarily inium associations, created on or after June 1, 1994. Townhome associations created before this date must opt into the MCIOA.
336.2-725 STATUTE OF LIMITATIONS IN CONTRACTS FOR SALE. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.
The Minnesota Common Interest Ownership Act, or MCIOA, governs the legal standing and obligations of townhome associations, primarily inium associations, created on or after June 1, 1994.