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SELCV,A1 H. CASWELL <br />CLAYLoN PARKS. JR. <br />9RUCC L. SECS <br />GREGORY J. TAVERNIER <br />Mr. Joseph Chlebeck <br />City Clerk <br />City of Little Canada <br />515 Little Canada Road <br />Little Canada, Minnesota 55117 <br />CI4E,nfne ;, [_a1UTELL, (27.i21 & Beek , Ed <br />..LI,IYLIEEU <br />ATTORNEYS AT LAW <br />1590 WHITE PEAR AVE_ ST. PAUL. MINNESOTA 55106 <br />PHONE 774.8731 <br />April 2, 1980 <br />RE: Park Charges — Condominiums <br />Dear Joe: <br />or COUNSEL <br />FREt>ERICK P. MEMMER <br />Subsequent to our meeting with Mr. Glasrud at your office, I did further <br />research in an effort to reach a sound decision regarding the validity of <br />assessing park charges against certain of Mr. Glasrud's apartment units which were <br />going through the conversion process. In re— reading the Statute under Section <br />515.15, I have come to the conclusion that the City would be in a strong position <br />in claiming that the apartment units in question were not considered to have been <br />converted to condominiums until such time as the owner's declaration shall have <br />been submitted to the City for review. I am enclosing herewith a copy of some of <br />the Sections of Chapter 515. CONDOMINIUM LAW, and I have underlined the pertinent <br />sentences. There is nothing in 515.15 which dictates that the owner of the entire <br />building must submit his declaration to the City prior to submitting it to the <br />County for recording but in my opinion, inasmuch as the Statute mandates that the <br />declaration be submitted to the City, there is no effective conversion from rental <br />apartments to condominium apartments until the declaration has been submitted to <br />the City for approval. The City should have the right to review such a <br />declaration in view of all of the City's Ordinances to determine whether or not <br />approval should be granted. <br />This opinion is contrary to the opinion I voiced when we met with Mr. <br />Glasrud. At that time I did not have the Statute before me. In view of this <br />opinion, I believe the City could probably demand park charges in this case. <br />Yours very truly, <br />Clayton/ Parks, Jr. <br />City Attorney for Little Canada <br />CPJr:ph <br />Encl. <br />cc: Mr. Ted Glasrud <br />