09-26-2005 Council Packet - Laserfiche WebLink

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1 22.04 Construction . In the event of an apparent conflict between this Declaration and the Bylaws, the provisions of this Declaration shall govern. The use of pronouns such as “it”, “its”, "his", "he" and "him" are for literary purposes and mean whenever applicable the plural male and female forms. 22.05 Not Subject to Ordinance. This CIC is not a conversion of existing buildings to a CIC within the meaning of Minnesota Statutes Section S1 SB. 1 -1 06(c), and is therefore not subject to any ordinance of the type authorized or permitted by said statute. 22.06 Declarant's Rights and Obligations. The Declarant shall enjoy the same rights and shall be deemed to have assumed the same duties with respect to its unsold Units in the CIC as any other owner, except as modified or extended by the alternate assessment program and the special declarant rights described in this Declaration. 22.07 Right to Cure. In the event that any owner violates any covenant or fails to perform any condition contained in this declaration, the Association may perform the act, remove the defect or correct the violation upon thirty (30) days written notice to the owner. If the Association so acts on behalf of an owner, the Association may levy an assessment against the owner's Unit for the cost of the performance or correction as a Mainteiumce Assessment as provided in Section 10.04. 22.04 Public Agency Easements. The City is hereby declared to have the right and easement to enter the Common Elements for public safety purposes. 22.09 Clean and Neat Appearance of Grounds . The City is not responsible for any mowing, landscape maintenance or cleaning of the Common Elements. The Association is obligated by this Declaration to maintain the same at all times in a clean and neat condition at its expense. 22.10 City May Assess for Curative Work . Ifthe Association fails to perform any of the maintenance referred to in Section 22.09 above, or to keep the access and utilities reasonably open and functioning, the City may enter the Real Estate a^ perform curative work (but is under absolutely no obligation to do so), in which case the City may assess the Units within this CIC for the cost thereof. 22.11 Unresolved Disputes. In the event of an unresolved dispute between the Unit owners, or a ^lit decision by the Association or Directors, and such di^te shall not be resolved within thirty (30) days, then the matter shall be submitted to binding and final arbitration under the provisions of Minnesota Statutes Chapter 572, by application to Hennepin County District Court, udiich shall appoint a neutral arbitrator. Such arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association. : -