Practice & FormsToday
Minnesota condo resales now require the association's maintenance plan and budget
A new line on the statutory Resale Disclosure Certificate, in force since 1 August, requires copies of the association's written preventative maintenance plan, schedule and budget or a statement of how to get them electronically. Minnesota Realtors revised four common interest community forms to match.
What this story establishes
- Minnesota's 2026 Regular Session enacted Chapter 61 (HF3459/SF3622), signed 29 April 2026 and effective 1 August 2026, making technical and clarifying amendments to the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 515B.
- Section 36 of Chapter 61 amends the statutory Resale Disclosure Certificate at section 515B.4-107, adding a new item requiring the association to furnish copies of its written preventative maintenance plan, maintenance schedule and maintenance budget, or state how to get them electronically.
- Section 30 makes the parallel addition to the declarant's disclosure statement at section 515B.4-102, inserting new paragraph (a)(4a) requiring copies of the initial maintenance plan, schedule and budget on a first sale from a declarant.
- The underlying duty on associations to prepare and approve a written preventative maintenance plan, schedule and budget for common elements, at section 515B.3-107(b), predates this bill. What is new is that the plan, schedule and budget must now be furnished or made available as part of the disclosure a buyer receives.
- Minnesota Realtors revised four forms for the 1 August 2026 release to reflect the amendments: the CIC purchase agreement addendum, the CIC Resale Disclosure Certificate, the CIC modification or waiver of the buyer's rescission right, and the receipt of CIC association documents. A new solar power system disclosure question was added to the Seller's Property Disclosure Statement in the same release, unrelated to the MCIOA changes.
A common interest community's maintenance plan has existed in Minnesota law for years as something the association's board has to write. As of 1 August it is something the association has to hand a resale buyer, on the same statutory form that already discloses assessments, reserves and unpaid fines.
What the resale certificate now asks for
Minnesota Statutes section 515B.4-107 requires a unit owner reselling a unit, other than a declarant, to furnish the buyer a resale disclosure certificate from the association, dated no more than 90 days before the purchase agreement or conveyance, in substantially the form the statute prescribes. Chapter 61's Section 36 rewrites that statutory form. Item 6 of the certificate, listing documents furnished with it, gains a new subitem: 'Copies of the association's written preventative maintenance plan, maintenance schedule, and maintenance budget for the common elements of the common interest community are either furnished with this certificate or are available electronically from the association as follows.'
It sits beside the certificate's existing items 6(a) and 6(b), the association's most recent balance sheet and income statement and its current budget. All three now have to accompany the certificate, or the certificate has to say how to get them.
The duty behind the disclosure is not new
Section 515B.3-107(b) already required, before this bill, that an association's board of directors prepare and approve a written preventative maintenance plan, maintenance schedule, and maintenance budget for the common elements, follow the approved plan, and provide all unit owners a paper copy, electronic copy, or electronic access to the plan, schedule and any amendments. Associations created on or before 1 August 2017 had until 1 January 2019 to comply. Chapter 61 also touches this section, but the maintenance-plan duty itself was already law.
What Chapter 61 adds is the disclosure step. An association that has had a compliant maintenance plan on file for years may never have had to hand a copy of it to a specific resale buyer as part of the closing paperwork. From 1 August, the statutory certificate form asks for it by name.
What Minnesota Realtors changed in its forms
Minnesota Realtors' 2026 forms release, effective 1 August 2026 alongside the statute, revised four common interest community forms to reflect what the association's own summary describes as the requirement to disclose maintenance plans, schedules, and budgets: the Addendum to Purchase Agreement for a condo, townhouse or cooperative CIC; the CIC Resale Disclosure Certificate; the CIC Modification or Waiver of Buyer's Right of Rescission; and the Receipt of CIC Association Documents.
The same release renamed 'Well Inspection Contingency' to 'Well Water Inspection Contingency' across purchase agreement forms, and added a solar power system disclosure question at the Seller's Property Disclosure Statement, plus a standalone Disclosure Statement: Solar Power System form. Neither change is connected to the MCIOA amendments; both share the same 1 August effective date because Minnesota Realtors releases its annual forms revisions on one schedule.
What a Minnesota coordinator should do differently
- On any condo, townhouse, co-op or planned community resale, request the association's current maintenance plan, schedule and budget alongside the balance sheet and current budget you already collect for the resale certificate.
- Confirm the resale certificate is dated within 90 days of the purchase agreement or conveyance, whichever is earlier. That deadline is unchanged by this bill and is easy to miss on a file that drags.
- Where the association makes the maintenance documents available electronically rather than attaching them, get the access method in writing so it is part of the file rather than a verbal assurance.
- On a declarant sale, collect the initial maintenance plan, schedule and budget as part of the disclosure statement package, not as a follow-up item.
- Update templates that still say Well Inspection Contingency, and add the solar disclosure question to Minnesota listing intake where the property has a solar power system.