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A developer in the Twin Cities metro area created a new planned community in 1998 with 45 townhome units. A buyer is purchasing one of these units today. Which Minnesota statute primarily governs the resale disclosure requirements and association governance for this community?

Correct Answer

B) Minnesota Common Interest Ownership Act (MCIOA), Minn. Stat. Ch. 515B, because the community was created after June 1, 1994.

The Minnesota Common Interest Ownership Act (MCIOA), Minn. Stat. Ch. 515B, governs common interest communities — including condominiums, townhomes, and planned communities — that were created on or after June 1, 1994. Since this planned community was created in 1998, it falls squarely under MCIOA. MCIOA covers resale disclosure requirements, association powers, assessment liens, and buyers' right of rescission.

Answer Options
A
Minnesota Condominium Act, Minn. Stat. Ch. 515, because the community was created before 2000.
B
Minnesota Common Interest Ownership Act (MCIOA), Minn. Stat. Ch. 515B, because the community was created after June 1, 1994.
C
Minnesota Planned Unit Development Act, because planned communities are governed separately from condominiums.
D
Minnesota Homeowners Association Act, Minn. Stat. Ch. 317A, because all HOAs in Minnesota are governed by nonprofit corporation law.

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Related Topics & Key Terms

Key Terms:

MCIOAMinnesota Common Interest Ownership ActChapter 515Bcommon interest communityresale disclosure

Related Concepts

Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.

Community property is a system where property acquired during a marriage is owned equally by both spouses.

A freehold estate represents ownership of real property with an indefinite duration.

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