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07-09-1980 Council Agenda
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07-09-1980 Council Agenda
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Mr. Clayton Parks <br />June 12, 1980 <br />Page 2 <br />c) If the declaration conforms to the requirements of <br />the Condominium Act, it "shall be entitled to be re- <br />corded." This entitlement is unambiguously set forth <br />in the firut sentence of Section 515.15. <br />d) The only power which Section 515.15 gives to the reviewing <br />authority is to review the declaration for its technical <br />compliance with the requirements of the Condominium <br />Act. No other discretionary power is granted by Section <br />515.15. <br />e) Review of the declaration by either the platting authority <br />of the governing municipality or other governmental <br />subdivision having jurisdiction for review satisfies <br />Section 515.15. The County, through its County Recorder, <br />has assumed responsibility for review of the declaration <br />for compliance with the Condominium Act. The Declaration <br />for Fleur Royale was recorded with the Ramsey County <br />Recorder, but only after a thorough and exhaustive <br />review by the County Recorder. The County Recorder <br />not only reviewed the Declaration to make sure it <br />complied with the requirements of the Condominium <br />Act, he reviewed it for typographical and punctuation <br />errors. Through this review process, it was necessary <br />to correct several typographical and punctuation errors <br />before the County Recorder would accept it for recording. <br />The County of Ramsey is an "other governmental subdivision <br />having jurisdiction for review." The County's review <br />of the Declaration for compliance with the Condominium <br />Act is thorough, experienced and effective and serves <br />the purpose of the second sentence of Section 515.15. <br />It is our position that such submission of the Declaration <br />to the County for review fully satisfies the requirements <br />of Section 515.15. <br />You also cite Section 515.13 as authority for your <br />assertion that we must notify the City Clerk of our intention <br />to convert Fleur Royale to condominiums. My interpretation <br />of Section 515.13 is as follows: <br />a) It requires a set of floor plans to be filed with <br />the County Recorder simultaneously with the Declaration. <br />b) It sets forth what information must be depicted on <br />the floor plans. <br />c) it must contain a verified statement by a registered <br />architect or a licensed professional engineer or a <br />registered land surveyor certifying that it (the floor <br />
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