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0430 Old Crystal Bay Road North - 33-118-23-13-0016
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Garage Condos Declaration
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2/18/2026 3:43:14 PM
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f <br />within the boundaries of a Unit area part of the Unit. Subject to the requirements of MN Stat. § SlM.2-113, <br />and Sections 8 and 9 of this Declaration, in the event that an Owner acquires two or more adjacent Units and <br />elects not to construct or maintain, or to remove, interior demising walls between those Units, the boundaries of <br />each Unit shall nevertheless remain as described above, and the vertical plane representing the unfinished interior <br />surface of the demising wall that would otherwise separate the Units shall constitute the legal boundary between <br />them. The absence, removal, or alteration of a physical wall does not merge Units, enlarge a Unit's boundaries, <br />or alter the allocation of Common Element interests (except as provided by MN Stat. § 51513.2-113) or <br />Assessments unless and until a formal amendment to the Declaration merging the Units is duly recorded. In such <br />cases, the legal boundary between the adjoining Units shall be in the location where the interior surface of the <br />demising wall would have been located, as shown on the applicable Final Plat which created the Units on file <br />and of record with the Hennepin County Recorder's Office. The Owner shall be solely responsible for the cost <br />of replacing or installing the demising wall, including for any permits or governmental approvals required in <br />conjunction with such work. <br />2.3. Appurtenant Easements. The Units shall be subject to and benefited by the easements described <br />in Section 12. <br />SECTION 3 <br />COMMON ELEMENTS, LIMITED COMMON ELEMENTS AND OTHER PROPERTY <br />3.1. Common Elements. The Common Elements and their characteristics are as follows: <br />3.1.1. All of the Property not included within the Unit boundaries and any load bearing <br />portions of any interior or perimeter walls, columns, ceilings or floors; and any common utility lines or <br />other common facilities located in or passing through a Unit shall be Common Elements. The Common <br />Elements include, but are not limited to, all areas and items listed in this Section 3, and those parts of <br />the Property designated as Common Elements on the Plat or in the Act. <br />3.1.2. The Common Elements shall be subject to (I) the easements described in this <br />Declaration and any other easements recorded against the Common Elements; (ii) the rights of Owners <br />and Tenants in any Limited Common Elements allocated to their respective Units; and (iii) the right of <br />the Association to establish reasonable Rules and Regulations governing the use of the Property. <br />3.2. Limited Common Elements. The Limited Common Elements are those parts of the Common <br />Elements reserved for the exclusive use of the Owners and Tenants of the Units to which they are allocated. The <br />rights to the use and enjoyment of the Limited Common Elements are automatically conveyed with the <br />conveyance of such Units. The Limited Common Elements are described and allocated to the Units, as follows: <br />3.2.1. Those items or areas designated as Limited Common Elements on the Plat are allocated <br />to the Units indicated thereon. <br />3.2.2. Improvements, if any, such as loading dock platforms, built-in vehicle lifts, decks, <br />balconies, awnings, exterior windows and doors, driveways, walks, walkways or entryways constructed <br />as part of the original construction to serve a single Unit or Units, and replacements and modifications <br />thereof authorized pursuant to Section 8, located wholly or partially outside the Unit boundaries, are <br />allocated to the Unit or Units which they serve. <br />3.2.3. Chutes, flues, ducts, drains, pipes, wires, conduit or other utility installations, bearing <br />walls, bearing columns, or any other components or fixtures located wholly or partially outside the Unit <br />boundaries, and serving only that Unit or Units, are allocated to the Unit or Units they serve. Any portion <br />of such installations serving or affecting the function of the Common Elements is a part of the Common <br />
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