§ 250.40. Notice to occupants.

A declarant of a conversion condominium which has been created or is intended to be created shall give the occupants of the building notice of conversion which states the fact of conversion or the intent to convert at least one hundred twenty (120) days, or in the case of a unit with an occupant on the date of delivery of the notice who is sixty-five (65) years of age or older, under the age of eighteen (18), or who is legally handicapped as defined under Minnesota Statutes, one hundred eighty (180) days, before the declarant will require such parties to vacate. The notice shall be delivered once with respect to each unit and shall have attached thereto a copy of this Chapter 250 and a form of purchase agreement setting forth the terms of sale contemplated by section 250.50 hereof. No occupant may be required by the declarant to vacate during said one hundred twenty- or one hundred eighty-day period, except by reason of nonpayment of rent, waste or unlawful conduct, or violation of any other term or condition of lease other than the expiration, and the terms of the tenancy may not be altered during that period. Failure of a declarant to give notice as required by this section constitutes a defense to an action for possession. After notice of conversion has been given to any unit, the declarant shall thereafter notify any new tenant who leases any unit in the building from the declarant that the building is or is to become part of a condominium.

The notice referred to in this section shall state that a tenants' association may be formed for the purpose of making an offer to purchase the property which is the subject of the conversion condominium. The provision contained in the preceding sentence does not create a right on the part of such tenants' association to purchase such property or an obligation on anyone to negotiate with, finance or arrange financing for, or sell such property to such tenants' association. (79-Or-209, § 1, 10-26-79; Pet. No. 252271, § 46, 5-11-90)