HomeMy WebLinkAboutGarage Condos DeclarationC.V. filed C.V. not req. _X.
No delinquent taxes
Current year taxes for whole parcel are paid
Transfer Entered
Jan 14, 2026 11:11 AM
Hennepin County, Minnesota
Daniel Rogan
County Auditor and Treasurer
PID(s)
33-1 1&23-13-0016
11111111111111111111111111111111111111111111111111
LAND TYPE Abstract (A)
Certified, filed and/or recorded on
Jan 14, 2026 11:11 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 71
Plat Fee
Document Tofa/
Pkg ID 2867752C
$56.00
$56. )0
This cover sheet is now a permanent part of the recorded document.
COMMON INTEREST COMMUNITY NUMBER 2238
Condominium
ORONO GARAGE CONDOS
DECLARATION
THIS INSTRUMENT WAS DRAFTED BY:
Edwin Chanin
Chanin Law Firm, P.A.
18171 82nd Place North
Maple Grove, Minnesota 55311
(612) 963 7707
ed@chaninlaw.com
Table of Contents
SECTION1 DEFII-IITIONS................................................................................................................................. 6
SECTION 2 DESCRIPTION OF UNITS, BOUNDARIES AND RELATED EASEMENTS ............................ 7
2.1. Units. 4 a 0 a 0 & k 0 4 4 4 4 a 0 0 a a a I d 0 0 a a e 4 4 4 * 1 0 a 4 4 4 4 0 a a a a a & a * a a a 6 4 * 4 * 1 0 6 a a 4 4 4 0 0 0 0 1 1 & a 0 6 0 0 a a a a a a 6 6 4 4 * 4 a 6 6 0 a 4 4 * a a 4 1 a 4 a 4 a a a a R 4 0 a a a a a d a d a 6 0 0 6 A 4 a a 0 * 0 0 4 4 0 4 a 4 7
2.2. Unit Boundaries......................... a a 6 6 0 0 1 0 6 6 4 4 4 6 1 a 6 a 4 4 0 0 0 0 a 0 # 4 4 V 0 6 a a 4 4 4 a 0 a a 0 4 4 a a a a 6 0 a 4 4 4 a 4 4 a a 4 A a a a 0 0 4 a 0 a a * 0 a a I a d a a 0 0 A A d a a 9 a 0 4 4 A 0 a * 7
2.3. Appurtenant Easements, 8
SECTION 3 COMMON ELEMENTS, LIMITED COMMON ELEMENTS AND OTHER PROPERTY......... 8
3.1. Common Elements.. 0 a a 0 A 4 & 4 * a 0 0 a a d 0 0 4 d a a 0 a a * a a a a 4 6 a a a 6 0 a 4 4 a 0 0 0 a 4 * 6 t 0 6 0 0 4 4 4 a a a a a a * 4 a a 6 0 6 4 a I a 0 a a a 0 a a 4 4 4 a 4 0 a V W * a a a & a d 0 a d a 0 4 4 A a a a I a 4 4 4 4 0 # 8
3.2. Limited Common Elements......................................................................................................a 8
SECTION 4 ASSOCIATION MEMBERSHIP; RIGHTS, INTERESTS AND 0131,lf"l .......................9
4.1. Membership. a 0 a a a 6 a 4 4 d 0 a a 0 % *644606 4 a a a a a A A 0 a 1 4 0 4 0 0 * 0 0 a 4 a a * & 4 d a 0 6 6 6 4 a A 0 0 * a a 4 d a 4 0 a 9
4.2. Allocation of Voting Rights. Undivided Interests and Common Expense Obligations............ 9
4.3. Appurtenant Rights and Obligations, oo444mmm*dmmdA9* 9
4.4. Authority to Vote, a a 4 a 0 0 0 0 4 d A 0 a a a a d a A d a * * * 0 0 a 0 # 4 0 a 0 0 a 0 a 1 0 0 4 4 a a 0 4 4 0 a a * t 1 6 0 0 4 0 d 0 a 4 a a d & a a a a 0 a 1 4 0 a * 8 4 * 0 0 * 4 a 0 4 a 0 0 a 4 0 a a 0 a a a a a a a 6 * # 4 0 0 * 4 a a a a t *a 9
SECTION5 ADMINISTRATION, a 6 f 4 4 a 0 a 0 a a & a a a a a a 0 4 0 0 $ W 0 0 0 d 0 a a a a 4 0 a a a a V 6 4 4 4 a 4 a 0 0 * 6 0 4 0 0 a a 4 4 a a a a a 0 d 4 at a a 6 0 4 4 4 a a 4 # * 0 0 0 a 4 4 4 0 a 0 a a a a 6 0 a a a a a 0 a 0 4 1 4 a 0 W a a a a 4 a a a 9
5.1. General. a 6 0 k k a * 4 0 4 0 0 4 1 0 0 4 4 4 a 0 a a & a * a a a 4 o 4 4 a a 0 * # 0 a 0 0 * 4 a a a & a a 0 * a 6 0 a 4 4 0 0 a 0 0 # a 6 a a a a a 4 4 a a a a a 6 a 0 * a a a 6 6 4 4 4 * & * 4 or 0 0 4 a a a 0 a & 0 0 0 a a a 0 4 4 a d 0 a a 0 4 * a a 0 a a a 4 a a 4 am 9
5.2. Operational Purposes. 10
5.3, Binding Effect of Actions. . * 0 4 0 4 a 4 a 4 a a a a a a a a a 6 a a 0 & a 0 6 4 4 4 4 a a 0 a 0 a 0 a a 0 a 0 d a 0 0 a a 6 6 4 4 a 1 0 0 6 0 4 4 4 0 1 a V 0 a 0 a a a a a 0 4 * 4 4 * * & * 1 4 4 0 0 0 a a a 4 a a 0 a a 0 a a 4 a 10
5.4. Bylaws. 4 444mommood 6 0 1 a 4 6 0 a 0 0 & a a 0 4 4 a a a a a a * 0 0 * a 0 6 0 4 a a 0 0 0 0 a 4 4 1 a 0 0 0 0 4 4 a a * a a I d 6 A a a a a a 4 * a 0 * * * a 4 4 4 0 0 a a 0 a a a a a a a 0 4 4 4 4 1 0
5.5. Management. 10
5.6. Rules and Regulations. 10
5.7. Association Assets: Surplus Funds. . a d 0 6 4 * 6 # 4 0 0 0 4 4 a a 0 a a a * a 0 a a 0 6 a a a a 6 0 4 0 & 4 4 # 4 a 0 a a a a a a a a a a 0 a a a 6 6 4 * a a & a * 4 0 a 4 0 4 0 a a a d a a * a 0 6 4 4 4 a 10
SECTION6 ASSESSMENTS............................................................................................................................11
6.1. General, a A q a 4 a a a a a 0 a a a a 4 4 a a a I * 6 4 a 4 a 04 4 a a a a 0 0 a a a 0 0 4 A 4 6 6 04 4 4 *4 a as% a 4 4 0 0 0 5*02 a a add a 04 4 6 a 0 W4 4 4 4 0 a add a a as a a a 4 4 A a 6 0 a 64 4 4 a a a 4 A 4 0 9 a a a add a 0 0 *6 a 64 0 0 4 11
6.2. Annual Assessments. . 4 * a d a a a a a a a a a 0 a a a a a 6 * 9 0 6 0 & 4 4 a * 4 a 0 a d a 0 0 a 0 0 6 a 4 A a 6 4 * A a 0 a * * 0 0 * 4 4 4 4 a 0 a a a 0 a a a a 0 0 a 4 0 a a 6 0 a 4 4 4 4 a 0 a a 4 a a a a a 0 % a a 6 % 4 a 0 4 a 0 0 0 11
6.3. Special Assessments. 11
6.4. Limited Assessments. . * 0 a a a a a a a a 6 6 a 6 a 0 0 * a a 4 4 6 0 t 4 4 4 a a a a a a a a a a a a 6 4 4 a a 6 & 4 a 0 # 1 4 * 0 0 4 0 0 a a a a a 0 a a 9 0 6 0 0 0 4 a 4 0 6 0 4 4 4 4 a 4 a a a a 4 0 a 0 a a a a a & I a 0 a 6 4 a 0 0 11
6.5. Working Capital Fund. . a 6 0 a a a a 4 0 6 * 6 6 a 0 * * 4 a 6 0 a 4 4 a a a a 0 a 2 0 0 a a a * a I a a a 0 a I a 4 a 4 4 a 9 0 0 4 0 a d 4 0 a a a d 0 a 0 0 6 a 6 4 a 4 0 0 0 4 4 a a d a 12
6.6. Liability of Owners for Assessments. 6 4 4 0 0 0 a 4 4 a 4 d 4 a 0 a & 0 a a a a 0 a 4 0 4 4 0 0 & A a 6 0 0 12
6.7. Declarant's Liability for Assessments. . 4 4 a a 0 a a a W a a % I a 0 a 4 0 * 4 4 a a 4 4 a 0 0 4 0 a a a 0 a a a a a 4 6 a 6 6 6 * 4 a 4 a a * * d 4 4 a a 0 a 0 0 a 4 a a a a a a 6 a 4 a a a a * 0 4 0 0 12
6.8. Assessment Lien. a a a 0 a a a a a a 6 d d 4 & IL a 4 0 0 a a a a 0 a 4 * 4 a a 0 a a a a & a a 0 6 k a a * * 4 13
6.9. Foreclosure of Lien: Remedies. 0 a a a 0 0 6 4 a 4 0 0 t 0 0 a 0 a a I a 6 0 a 4 9 0 a I a * 4 6 0 * 4 4 a 0 0 a a a a a a a d A a a a a a 0 4 4 a a 0 & 0 a * 4 4 6 13
6.10. Lien Priority: Foreclosure........................................................................................................ 13
6.11. Real Estate Taxes and Assessments. 4 a d 4 a 4 a a a 4 & 0 a * a * d a a 0 a a 4 0 a a a d 6 * a 0 a 4 4 4 14
6.12. Voluntary Conveyances: Statement of Assessments...............................................................14
SECTION 7 RESTRICTIONS ON USE OF PROPERTY.................................................................................14
7.1. General. a 4 q a 0 0 a 0 9 6 0 a I a a a 1 4 a 6 t 0 0 a a a a I a a a a a d 0 a a a a a 0 6 a 6 0 6 4 4 1 4 a 0 a * a a a a a a 6 6 a 4 * a 6 a * a a a a 6 6 a 6 4 0 4 4 a a 0 a 0 q a a a a a a a * 4 4 a 0 6 0 * 4 a a a a a a 4 0 4 0 a * a a a a a 6 a a a a 6 d 0 4 a 1 4
7.2. Subdivision or Conversion. . a a a 0 a a a a a 0 a 4 a 6 a 4 4 4 4 a a 0 * a a a a 0 a 0 4 4 4 4 0 6 * a 4 0 a a * 6 0 a 9 a a a a a 0 a t a a a a a a a * a 4 a 0 0 6 0 * d 4 a q a a a a 0 0 4 0 0 a a a d 6 a 4 a a **made 14
7.3. Permitted Uses and Restrictions, a 0 a a a a 0 6 4 4 1 4 a 0 * a a a a a 0 0 0 6 a a a 4 6 & I d a 6 a * 6 6 4 a 0 0 d a 0 0 4 a 4 a a a a a a 0 a a 4 4 a 0 0 4 4 d a a 6 0 a 4 1 0 4 9 0 a a a a a & 9 a a 0 a d 6 a 4 14
7Am Leasing. ad mastodon *memo* a 4 0 a a a % d 9 a a a a a a a a a 0 0 a a a * * a a a 6 6 * 4 4 4 0 0 a a 0 0 a 0 a 0 0 0 0 a 4 4 a 6 a a a a 4 4 4 a 6 & a 0 a 4 0 0 a I % a a a a 0 0 0 6 4 4 a 0 0 6 0 t a 0 a 4 a a 0 a 0 a 4 0 a a I a 0 a a a a 0 6 * 0 a 6 0 1 5
7.5. Parking. . 4 4 soffismaga seemed 4 4 0 am am a a d a a a 0 a a 0 0 as a 0 a *4 to 6 0 a a a 0 4 0 0 *1 a & a a a * 0 a am a 4 a to a 044 4 a 4 6 to 0 4 d a a 6 as 0 a a a 0 0 a am 4 0 0 0 a 04 a a a 0 0 0 0 0*4 0 a a a a 4 a a 0 a a 0 a to am a 1 5
7.6. Animals... affi**Smam 4666*4 4 0 0 4 4 a a a 0 4 a 0 6 0 0 0 6 4 a 0 0 a 0 4 a 4 4 6 0 a 1 4 4 4 0 a a a a & 6 6 * 4 6 a * a 4 4 0 * a 4 0 4 4 4 a 0 * 0 0 a a a 0 6 1 1 a 0 a 0 0 a a % # 4 a 0 0 a a * a 0 a a 0 a a a a 4 * a a a a a a a a 4 a 0 6 0 a 0 a * W 1 5
7.7. Signs. a a * a % a a a d a 6 & N 0 0 0 a 4 a a a 0 a a 0 0 0 0 0 * a a * a 0 0 6 4 4 4 a 6 t 4 a 0 0 4 a a * a a & 0 4 4 * & a a 0 0 0 * 1 0 6 0 4 4 4 4 0 4 9 0 a 4 6 0 1 a q a a a * 6 0 a a 4 4 a 0 a a 0 1 a a 6 a 0 * a a a a 4 a a a a a 0 a 4 d 0 6 a 0 A 6 4 4 * 1 5
7.8. Exterior Lighting. . 4 0 a a 0 a a a d 4 a a 6 a a 4 4 a 0 * 0 6 & 4 4 4 4 4 V 4 a 0 0 0 0 * 4 4 0 1 4 a a 4 4 a 4 0 4 0 4 a a 0 6 1 4 4 0 0 W a 0 * a a a a a a 0 a 4 * t A I a 0 0 4 4 a a a a a a * * 4 1 1 a 0 a a a a a 0 a a a a a 0 a 4 a 0 a 4 4 1 1 5
7.9. Outdoor Activities. a a a 0 0 0 4 4 4 4 * * a & 4 4 A 0 0 & & 4 4 4 4 0 a a a 0 0 a a a * a a 0 4 A A 4 a 4 4 0 0 a a 9 4 a 0 e 4 0 a 0 0 4 4 0 a 4 * * a 0 6 a 1 4 4 a 0 a a 0 0 a A a d a a a 6 & * a I a a A a 0 4 0 0 0 0 a 4 4 4 0 a 1 4 4 # 4 4 4 1 5
7.10. Quiet Enjoyment: Interference Prohibited.. a 4 4 4 4 0 a a 0 & 6 a a 0 0 * 9 A 0 0 6 0 a a a a 4 A 4 4 0 6 6 4 4 4 a a a 4 0 0 4 a a a 0 a 0 4 4 * V a 0 a a 4 0 a 0 6 0 0 a 6 6 a a 4 4 a 0 4 d a a 16
7.11. Compliance with Law. . 4 4 4 a a a a a 4 0 4 0 a 0 4 4 4 6 0 a a 0 0 0 A a 4 a a a 0 a a 4 4 0 a 0 0 0 a 1 0 a 0 a a 4 0 4 4 * * 4 0 * a 4 4 4 0 0 a 4 a 0 0 a 0 a 0 a 4 0 a a 0 4 0 6 4 4 4 a 0 6 a 0 0 4 4 a a a a a d d 6 4 a damages 16
7.12. Ponds, Wetlands and Trees. . d 0 4 a a a 0 0 0 4 0 W 0 a a 4 a a 4 a a a 0 a 0 4 4 a a a 0 a a 4 4 a 6 a 0 a 0 a * a a a 0 1 0 a 4 0 0 a * * 4 0 0 4 0 0 0 1 4 a a 0 0 6 a a A 4 4 0 0 0 6 0 4 0 t I a o 6 a ot#400614mad 16
ii
7.13. Time Shares Prohibited. . a I I a a 6 0 0 0 a 6 0 6 d 4 a 4 0 a a a 4 4 4 4 6 0 0 a a ff a a 4 1 a a 0 4 & a a a a & 4 4 6 a 0 a 4 6 a 0 a a 0 0 a a 4 4 4 4 a a a a & a a a 4 a 0 0 4 d d a a a a s a 4 a a a a 0 a 0 a a 6 a a 0 0 4 4 a a I a
7.14. Access to Units.. 0 a a a 4 a a a a 0 a 0 a 9 a a a a 0 a a a a 0 0 0 4 A a 4 0 0 0 a 0 0 a a a 16
SECTION 8 ARCHITECTURAL STANDARDS..............................................................................................16
8.1. Restrictions on Improvements.................................................................................................16
8.2. Review Procedures. 17
8.3. Remedies for Violations. . 4 a 4 4 0 0 0 9 a 6 0 a a a 4 4 6 6 a a 4 a a 0 a 0 a 0 4 4 A 4 A a a a a 4 4 0 0 6 a 4 0 d a a 0 a a 0 4 4 4 a 0 4 a a a a a 0 a 6 6 0 a 4 a a a d a 6 4 4 a 0 1 a a 6 a 4 4 0 0 6 & 6 a A 4 a a 0 a a 0 4 1 A 18
8.4. Owner Responsibility/Indemnity.............................................................................................18
8.5. Exemptions. . 4 4 0 0 0 0 a a d a a a a a 6 6 0 W 4 a 6 a 0 0 4 a a a a 0 a a 4 4 4 0 0 a a W 4 a 4 0 a 0 a a 4 4 a a a a 0 4 a 4 4 4 0 a a 0 0 0 a W 0 0 0 0 4 4 4 0 4 0 a a a a a 0 6 0 a & 4 a a a a a 6 a a a a a 1 6 a 6 4 4 4 0 a & & & 4 4 4 4 a 0 a a a a 4 4 1 8
SECTION 9 MAINTENANCE AND REPAIR..................................................................................................18
9.1. Association Obligations. . d 0 6 6 6 6 0 d a a & a 0 4 4 A 0 a a a a 4 0 a a 0 a a a a a a a a a 0 4 a A 4 0 6 a 0 a 0 0 0 4 0 0 0 0 4 1 4 0 0 0 4 0 a a 0 a a a 4 a a 0 a a a 0 0 0 a a 0 a a 0 0 6 1 4 0 0 a a a a 4 4 4 0 a 4 0 1 0 a a d 1 8
9.2. Owner Obligations. . a 0 0 0 a a 0 a d a 0 6 6 a 1 4 a a a a & 4 4 4 a 9 0 4 a 4 a 0 0 0 a a a a a 4 a a a 0 6 4 a 6 0 a 0 4 a 6 a a 4 a 0 4 6 4 4 4 0 0 0 0 0 a a a a a a a I a d a a 6 0 6 6 a a 0 a a 0 0 a 0 a 4 0 a W a a 4 4 4 4 a 6 4 a 0 a a a 1 9
SECTION10 INSURANCE...............................................................................................................................19
10.1. Association Insurance. a a 0 6 & a a 6 a a a a 0 6 a A 4 4 4 0 0 0 0 a a a a a a a d a a a d 0 0 a a a 0 0 a 0 6 6 a a a 0 0 a 4 4 0 4 4 0 0 0 a a a & a a 0 19
10.2. Cancellation: Notice of Loss..... as d a a a a a a a a d 6 a 1 4 4 4 6 1 1 a 0 6 & 4 4 0 0 a 0 a a a 4 a a I a a a a a 0 0 0 0 a a a 6 4 a a 0 6 1 0 a 0 a 0 4 4 4 4 4 a 0 0 6 s a a a a a 20
10.3. Conflicts with Act. . a 9 0 0 a 0 0 4 a a a 0 a 6 4 4 4 a 4 a a a 4 4 4 0 a a 4 0 0 0 0 a a I a a a a a a a 0 0 6 4 4 4 ff & a a 0 A 4 0 a * a 0 a a 4 0 0 0 a 0 0 a 0 a a a 0 a a d am a 0 0 a a a 0 6 d 0 a & 4 0 a 6 & 4 a 0 a 0 a 0 a 0 4 a a 0 a a a 20
10.4. Owners' Insurance/Indemnity. . a a a 4 4 4 0 * # 4 4 0 0 0 0 a a a a a a a a 0 0 0 0 a d a 4 a a a & a 4 4 4 * 4 6 & 0 4 4 0 0 9 a 0 4 4 a a a a a a a a 0 d a 0 a a 0 4 9 a 6 6 a a 4 a a a a 0 a 0 0 a 0 0 4 a smfgas 20
SECTION 11 RECONSTRUCTION, EMINENT DOMAIN AND TERMINATION ...................................... 20
11.1. Reconstruction. 20
11.2. Eminent Domain..............* 6 a a a 6 6 a a 4 4 6 a 4 0 0 6 4 0 0 0 0 a a 0 0 a 4 a a 0 a a d a a a a 0 0 0 a a 4 a 4 & a 0 4 4 4 4 a & a 4 a 4 4 4 0 0 0 0 0 a a a a a 486446 21
11.3. Termination and Liquidation, 0 0 0 4 4 0 0 W a 0 a 4 4 4 4 0 a a 0 4 a 0 a I a a a d a 4 0 21
11.4. Notice. 0 0 6 am a a d a a a 0 a a a 0 on a d a W4 a 9 a A a a 04 a a 4 a a *4 4044 4 a a am d a 0 a 0 *0 *4402 a a a 0 0 4 4 0 6 64 4 A 4 a 0 a 0 04 4 4 a am a 04 ad 4 a a 0 Dammam a 84 4 4 4 a 2 1
11.5. Association's Authority...........................................................................................................21
SECTION12 EASEMENTS...............................................................................................................................21
12.1. Access. *me* a a A a & a a a a a a a 0 a 0 a 4 a a 0 0 6 & a 6 a 0 0 6 6 6 4 a 0 a 4 a 4 0 0 4 a a 0 a a a 4 0 8 a a a a 0 a a a d 0 0 0 a 0 6 a 6 6 a a 4 4 4 4 a 0 0 0 a a a a I a a 0 a a a a a a a a a a a a a 0 6 6 4 0 4 4 4 2 1
12.2. Use and Enjoyment.................................................................................................................. 21
12.3. Structural Support............... a a a 4 a d a 6 0 a 4 4 0 a a a 4 0 a 0 0 a 6 a a 4 4 4 4 4 0 a 4 a a 4 0 a I a a 4 4 a a 0 0 a a d 4 0 a 6 0 0 0 a a 4 a 4 4 4 a 0 a a 0 0 a a a 0 a 0 a a 0 a 0 d a 0 a a a a a 0 a 0 0 6 & a a 4 4 0 0 21
12.4. Encroachments. 0 0 a 4 a a a a 4 a 0 4 4 4000*0* 4 0 4 a a a 4 4 4 a 0 4 4 a a a a a a a a 0 a 4 a 4 a 6 6 a 4 4 a 0 6 0 0 0 4 4 4 A 4 0 0 a a 0 a R a a a a 0 a I a 0 a a a a 4 0 a d a 6 a 0 a 0 6 a I 1 0 4 a 0 a 21
12.5. Maintenance, Repair, Replacement and Reconstruction.. 6 6 a 4 0 a & a a a 6 a 4 4 4 a 22
12.6. Utilities and Services. 4 a a a 0 0 a a a d d 6%460*694 9 a 4 4 0 4 0 0 a 0 0 4 4 a 0 a I a a 4 a a a I I a 4 4 1 a 0 6 0 4 4 0 a a 0 a 4 0 4 4 a 0 22
12.7. Emergency Access to Units..................................................................................................... 22
12.8. Project Signs. 0 4 a 4 4 0 a a a a a 0 a a a 4 d d a a a a d a a a 0 a 4 a 4 1 4 4 a 6 a a a 4 4 4 4 4 0 6 0 0 4 4 0 22
12.9. Declarant's Easements......... 0 a 0 0 6 4 6 0 4 0 0 0 a 4 0 4 4 0 0 a a a a a R 9 a a 9 a & a a a 0 a a d 4 6 6 6 9 0 0 4 4 4 4 0 0 0 0 a 0 0 0 0 a 4 a 4 d a a a a 0 0 a a a a a a 0 6 4 a 4 a a a a & 4 4 4 8 a 0 a a 4 0 4 a 22
12.10. Other Easements in favor of City. 0 a a 0 4 a 0 4 4 a 0 0 0 0 0 a a a 0 a a a a 4 a a 0 a 0 0 a 0 0 0 a 0 0 6 6 4 a 4 6 a 4 4 4 0 4 4 0 0 a & A 0 a 0 4 22
12.11. Continuation, Scope and Conflict of Easements. ...... a 22
12.12. Non -Interference: Impairment Prohibited............................................................................... 23
12.13. Benefit of Easements........... a 4 4 d a a a & a 4 4 0 a a a 0 0 9 4 a 1 9 a I a a a a a a a a a a a a 0 d a a a 4 4 a a 0 6 a 0 a 0 a a a a a 4 d 4 d 4 0 0 0 0 a 4 0 a a a a a a a a 6 & 4 4 0 a a 4 0 0 0 4 a 0 a 0 a a a 4 4 a a 0 23
SECTION 13 COMPLIANCE AND REMEDIES.............................................................................................. 23
13.1. Entitlement to Relief........... a 4 0 4 a 6 a 0 0 6 0 0 a a a 0 0 9 4 4 4 4 a a a 4 6 4 a 0 a a a 4 0 a a a 0 0 a a a 4 0 a W a 0 4 a 4 4 a 0 4 0 0 0 0 a a 0 0 0 A a a a a a a 0 4 4 a 0 a a 0 0 a 4 4 4 0 a 6 4 4 4 4 d I a 6 a 4 4 4 0 23
13.2. Remedies. ..a & a 4 4 d d a 0 0 4 a 9 4 & a a 0 a 4 a 0 4 6 a a a 4 a 0 a 0 a 0 4 4 0 1 a 0 6 a 4 4 0 a 0 0 a 0 & a 9 0 a 9 4 a 4 0 a a 0 0 a 9 a 0 0 6 0 A 0 0 4 4 4 d a 0 a 0 6 a a a a 0 a w 4 4 4 a a a a 0 a d 0 0 4 4 0 a 4 a 4 & & a a a a a 6 a a 6 0 a a 0 4 4 23
13.3. Rights to Hearing. . 4 A 4 a a a a a 6 a a 9 0 0 0 0 4 a 0 6 6 0 0 a a a 4 0 a 0 0 0 0 0 a 0 0 a 0 a 4 0 a a a a 4 a a a a 6 a a a 6 0 & 6 a 0 1 a 4 0 4 0 0 6 6 0 a 4 4 0 a 4 a a 4 d a a a 0 0 a 0 a 0 a 4 6 a 0 4 0 0 6 & a 4 4 0 4 4 a a 6 a I a 0 4 4 24
13.4. Lien for Charges, Penalties, Etc. 24
13.5. Costs of Proceeding and Attorneys' Fees, 4 4 a a a 6 4 4 a A a 0 0 0 0 a 0 0 a a a a 6 a 4 a 0 & a a 4 6 0 a 4 a 4 a 0 6 a d a 1 4 a a 4 0 424
13.6. Liability for Acts of Owners and Tenants. 25
13.7. Enforcement by Owners. 0 a a a a a 4 0 4 0 0 a a 0 4 4 4 0 a a a 0 a 4 4 0 a a 4 0 a 4 4 a 0 0 a & 4 d 4 a a a 0 a 4 1 4 a 25
13.8. Pre -litigation Requirement. 4 4 4 a 0 a 0 0 a a 4 4 4 4 a a 0 0 a 4 4 4 0 W a 4 0 A 4 0 0 6 6 a a 4 4 4 4 a 0 0 4 4 4 4 a 25
SECTION14 DECLARANT RIGHTS............................................................................................................... 25
14.1. Complete Improvements. 0q#ftmqQ 25
14.2. Relocate Boundaries, Subdivide, Combine, Convert and Alter Units. a a a a 4 a 0 a a a 0 a 4 4 a a 4 a a 4 a a a 4 a 0 4 4 0 25
14.3. Marketing Facilities. *I* a 4 d 4 4 0 0 0 6 6 4 4 4 a I a a 0 A 4 a a a a 0 1 d a 0 8 1 a a 4 d a 4 a a a a 0 4 1 4 1 # R 0 0 a a a d 6 a a a 0 a a a 0 0 0 a a 4 a a I a a a 4 4 a 025
14.4. Signs. 4 0 a a a 4 0 4 4 a a a 0 a 6 4 1 4 a a 0 1 1 a d a 4 1 a a 2 a 4 4 4 1 a I a 4 4 4 4 6 a a 6 4 4 a 6 a 4 0 0 4 a a a 0 a 0 a a 6 6 0 0 a 4 a a a d a 0 6 0 6 4 4 4 0 0 a 4 0 a a 4 a a a a 0 a a d 4 a 6 a a 4 4 4 a a a a 0 4 4 4 *25
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14.5. Easements. z D
14.6. Control of Association. 25
14.7. Consent to Certain Amendments. 26
14.8. Relocation of Boundaries or Subdivision, Conversion or Combination of Units. . a a 1 6 4 0 a M26
14.9. Additional Real Estate. 26
14.10. Other Rights. M a a 0 0 1 4 * 4 1 a 4 4 4 4 a a M 0 4 0 a a a a a a 0 0 0 0 * 4 * 0 4 4 4 a a a a a a 0 6 6 6 * a 1 4 4 4 4 1 0 4 4 4 . 4 a a a a a I a a 0 4 a a 0 & I a 4 4 d 026
SECTION15 AMENDMENTS.......................................................................................................................... 27
15.1. Approval Requirements...........................................................................................................27
15.2. Procedures. a a 6 0 4 4 a a a * d a a a a a a I a 0 0 a 9 0 0 # 0 0 * 0 0 a a a a 0 a 0 0 & 6 4 4 4 * a a 0 * a a 4 1 * a 0 a 0 0 . & & * 4 0 4 1 a x * 4 a a a 0 * * a a * I t a 6 0 & 4 4 4 a 0 * 0 4 4 a 4 a 0 a 4 a a 0 0 a a a M a 4 * 4 A27
SECTION16 MISCELLANEOUS.....................................................................................................................27
16.1. Severability. ..............................................................................................................................27
16.2. Construction, 0 a 0 S x a a a M 0 a 0 * 4 4 4 a S a 4 4 a I M M M * 4 a 8 4 a 4 a M 0 8 4 6 a 6 6 6 4 4 6 4 % 0 8 a 0 0 & 0 0 d a a d 6 0 6 a a a x S a a a a 0 a 0 4 0 6 0 6 4 4 A 4 * 0 0 0 4 a a 4 4 M S a a a a a I a 6 a a 4 4 * 27
16.3. Tender of Claims, 0 a 4 4 4 4 M 0 0 0 A 4 0 a M M a a a a a 0 , 6 * , v 4 0 6 27
16.4. Notices. 0 . w * 0 a 0 0 a S 0 * a a a d 0 0 0 * * 4 0 6 0 a 0 a d M a M 0 a 0 & 0 0 0 6 6 6 6 4 4 4 A 0 0 0 0 4 4 0 4 4 M a a a a a 0 1 a 6 *4 4 * 027
16.5. Conflicts Among Documents..................................................................................................27
16.6. Duration of Covenants. *2 q q a * 0 W a a I a M a 0 0 6 4 0 0 a s 0 a a 4 a a a % o a n & 6 0 0 a 0 0 & 4 4 * W 0 M 0 M & 4 0 4 0 6 0 5 4 6 0 0 0 0 * 9 4 4 0 028
iv
(Above Space Reserved for Recording Data)
COMMON INTEREST COMMUNITY N0.2238
Condominium
ORONO GARAGE CONDOS
DECLARATION
This Declaration (the "Declaration") is made in the County of Hennepin, State of Minnesota, on
January 14, 2026, by Orono Garage Condos LLC, a Minnesota limited liability company (the "Declarant"),
pursuant to the provisions of Minnesota Statutes Chapter 51513, known as the Minnesota Common Interest
Ownership Act (the "Act"), for the purpose of creating Orono Garage Condos as a condominium under the Act.
WHEREAS, Declarant is the owner of certain real property located in Hennepin County, Minnesota,
that is legally described m Exhibit B attached hereto, and Declarant desires to submit said real property and all
improvements thereon (collectively the "Property") to the Act as a condominium, and
WHEREAS, Declarant desires to establish on the Property, a plan for anon -residential development,
to be owned, occupied and operated for the use, health, safety and welfare of the Owners and Tenants of the
Property, and for the purpose of preserving the value, quality and character of the Property, and
WHEREAS, the Property (i) is not subject to an ordinance referred to in Section 51513.1406 of the
Act, governing conversions to common interest ownership, and (ii) is not subject to a master association as
defined in the Act; and
WHEREAS, the common interest community does not include shoreland as defined in Minnesota
Statutes Section 103F.205.
THEREFORE, Declarant subjects the Property to this Declaration under the name "Orono Garage
Condos," consisting of the Units referred to in Section 2, and declaring that this Declaration shall constitute
covenants to run with the Property, and that the Property and any real estate added thereto shall be owned, used,
occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set forth herein, all
of which shall be binding upon all Persons owning or acquiring any right, title or interest therein, and their heirs,
personal representatives, successors and assigns.
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SECTION 1
DEFINITIONS
The following words when used in the Governing Documents shall have the following meanings (unless
the context indicates otherwise):
1.1 "Act" means the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter
515B, as amended.
1.2 "Additional Real Estate" means the real property legally described on Exhibit C attached
hereto, including any improvement located thereon now or in the future, and all easements and
rights appurtenant thereto, which property Declarant has the exclusive right to add to the
common interest community.
1.3 "Assessments" means and refers to all assessments levied by the Association pursuant to
Section 6 of this Declaration.
1.4 "Association" means Orono Garage Condos Association, a nonprofit corporation created
pursuant to Minnesota Statutes Chapter 317A and Section 51513.3401 of the Act, whose
members consist of all Owners.
1.5 "Board" means the Board of Directors of the Association, as provided for in the Bylaws.
1.6 "Building" means each structure which is or becomes a part of the Property and contains a Unit
or Units.
1.7 "Bylaws" means the Bylaws governing the operation of the Association, as amended from time
to time.
1.8 "City" means the city of Orono, Minnesota.
1.9 "Common Elements" means all parts of the Property including any improvement thereon,
except the Units.
1.10 "Common Expenses" means all expenditures made or liabilities incurred by or on behalf of
the Association and incident to its operation, including Assessments and items otherwise
identified as Common Expenses in the Declaration or Bylaws.
1.11 "Common Interest Community" (also sometimes referred to herein as "CIC") shall mean the
contiguous or noncontiguous real estate described on Exhibit B attached hereto that is subject
to this Declaration, as more fully described in Section 515B.1403(10) of the Act.
1.12 "Declarant Control Period" means the time period during which Declarant has the exclusive
right to appoint the members of the Board, as described in Section 14.7 of this Declaration.
1.13 "Governing Documents" means this Declaration, and the Articles of Incorporation and
Bylaws of the Association, as amended from time to time, all of which shall govern the use and
operation of the Property.
1.14 "Limited Common Elements" means a portion of the Common Elements allocated by the
Declaration or by operation of Section S15B.2-102(d) of the Act for the exclusive use of one
or more but fewer than all of the Units.
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1.15 "Member" means all persons who are members of the Association by reason of being Owners
as defined in this Declaration. The words "Owner" and "Member" may be used interchangeably
in the Governing Documents.
1.16 "Mortgagee" means any Person owning a mortgage recorded against a Unit, which mortgage
constitutes a first mortgage lien against the Unit.
1.17 "Owner" means a Person who owns a Unit in fee title, but excluding contract for deed vendors,
mortgagees, holders of remainder or reversionary interests and other secured parties within the
meaning of the Act.
1.18 "Person" means a natural individual, corporation, limited liability company, partnership,
limited liability partnership, trustee, or other legal entity capable of holding title to real
property.
1.19 "Plat" means the recorded plat depicting the Property pursuant to the requirements of Section
515B.2-110(c) of the Act, including any amended or supplemental Plat recorded from time to
time in accordance with the Act.
1.20 "Property" means all of the real property subjected to this Declaration, now or in the future,
including all structures and any other improvement located thereon. The Property is legally
described in Exhibit B attached hereto.
1.21 "Rules and Regulations" means the Rules and Regulations of the Association as approved
from time to time pursuant to Section 5.6.
1.22 "Tenant" means any Person or Persons, other than an Owner, occupying or using a Unit.
1.23 "Unit" means a part of the Property, other than the Common Elements, including one or more
rooms or enclosed spaces, occupying all or part of one or more floors of a Building, designed
and intended for separate ownership and use, as described in Section 2 and shown on the Plat.
Any terms used in the Governing Documents and defined in the Act and not in this Section, shall have
the meaning set forth in the Act. References to Section numbers refer to the Sections of this Declaration unless
otherwise indicated. References to the singular may refer to the plural, and conversely, depending upon context.
SECTION 2
DESCRIPTION OF UNITS, BOUNDARIES AND RELATED EASEMENTS
2.1. Units. There are a maximum of eighty-three (83) Units, inclusive of the right of Declarant to
subdivide, combine or convert Units, as provided in Section 14. The Units shall be used exclusively for non-
residential purposes, including vehicle, motorsports and other business storage. Each Unit constitutes a separate
parcel of real estate. The Unit identifiers and locations of the Units are as shown on the Plat, which is incorporated
herein by reference. A schedule of the Units is set forth in Exhibit A.
2.2. Unit Boundaries. The boundaries of each Unit shall be the interior unfinished surfaces of its
perimeter walls, floors and ceilings. Wallpaper, paneling, tiles and other finishing materials adhered to the
interior of the Unit boundaries shall be a part of the Unit; provided, that any load bearing portions of any interior
or perimeter walls, columns, ceilings or floors, and any common utility lines or other common facilities located
in or passing through a Unit, shall be Common Elements. The boundaries of each Unit shall also extend along
the inside unfinished surfaces of its perimeter doors and windows, and their frames, and said perimeter doors,
windows and frames, and their hardware, shall be deemed to be Limited Common Elements appurtenant to such
Unit. Subject to this Section and Section 3.2, all spaces, interior partitions, and other fixtures and improvements
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within the boundaries of a Unit area part of the Unit. Subject to the requirements of MN Stat. § SlM.2-113,
and Sections 8 and 9 of this Declaration, in the event that an Owner acquires two or more adjacent Units and
elects not to construct or maintain, or to remove, interior demising walls between those Units, the boundaries of
each Unit shall nevertheless remain as described above, and the vertical plane representing the unfinished interior
surface of the demising wall that would otherwise separate the Units shall constitute the legal boundary between
them. The absence, removal, or alteration of a physical wall does not merge Units, enlarge a Unit's boundaries,
or alter the allocation of Common Element interests (except as provided by MN Stat. § 51513.2-113) or
Assessments unless and until a formal amendment to the Declaration merging the Units is duly recorded. In such
cases, the legal boundary between the adjoining Units shall be in the location where the interior surface of the
demising wall would have been located, as shown on the applicable Final Plat which created the Units on file
and of record with the Hennepin County Recorder's Office. The Owner shall be solely responsible for the cost
of replacing or installing the demising wall, including for any permits or governmental approvals required in
conjunction with such work.
2.3. Appurtenant Easements. The Units shall be subject to and benefited by the easements described
in Section 12.
SECTION 3
COMMON ELEMENTS, LIMITED COMMON ELEMENTS AND OTHER PROPERTY
3.1. Common Elements. The Common Elements and their characteristics are as follows:
3.1.1. All of the Property not included within the Unit boundaries and any load bearing
portions of any interior or perimeter walls, columns, ceilings or floors; and any common utility lines or
other common facilities located in or passing through a Unit shall be Common Elements. The Common
Elements include, but are not limited to, all areas and items listed in this Section 3, and those parts of
the Property designated as Common Elements on the Plat or in the Act.
3.1.2. The Common Elements shall be subject to (I) the easements described in this
Declaration and any other easements recorded against the Common Elements; (ii) the rights of Owners
and Tenants in any Limited Common Elements allocated to their respective Units; and (iii) the right of
the Association to establish reasonable Rules and Regulations governing the use of the Property.
3.2. Limited Common Elements. The Limited Common Elements are those parts of the Common
Elements reserved for the exclusive use of the Owners and Tenants of the Units to which they are allocated. The
rights to the use and enjoyment of the Limited Common Elements are automatically conveyed with the
conveyance of such Units. The Limited Common Elements are described and allocated to the Units, as follows:
3.2.1. Those items or areas designated as Limited Common Elements on the Plat are allocated
to the Units indicated thereon.
3.2.2. Improvements, if any, such as loading dock platforms, built-in vehicle lifts, decks,
balconies, awnings, exterior windows and doors, driveways, walks, walkways or entryways constructed
as part of the original construction to serve a single Unit or Units, and replacements and modifications
thereof authorized pursuant to Section 8, located wholly or partially outside the Unit boundaries, are
allocated to the Unit or Units which they serve.
3.2.3. Chutes, flues, ducts, drains, pipes, wires, conduit or other utility installations, bearing
walls, bearing columns, or any other components or fixtures located wholly or partially outside the Unit
boundaries, and serving only that Unit or Units, are allocated to the Unit or Units they serve. Any portion
of such installations serving or affecting the function of the Common Elements is a part of the Common
Elements.
3.2.4. Heating, ventilating, air conditioning, plumbing, electrical or mechanical equipment
serving only a certain Unit or Units and located wholly or partially outside the Unit boundaries is
allocated to the Unit or Units served by such equipment.
3.3 Annexation of Other Property. In addition to the Additional Real Estate, which may be
unilaterally annexed only by the Declarant, other real property may be annexed to the common interest
community as Common Elements and subjected to this Declaration, in accordance with Section 515B.2425 of
the Act.
SECTION 4
ASSOCIATION MEMBERSHIP; RIGHTS, INTERESTS AND OBLIGATIONS
Membership in the Association, and the allocation to each Unit of a portion of the votes in the
Association and a portion of the Common Expenses of the Association and undivided interests in the Common
Elements, shall be governed by the following provisions:
4.1. Membership. Each Owner shall be a member of the Association solely by reason of owning a
Unit, and the membership shall be transferred with the conveyance of the Owner's interest in the Unit. An
Owner's membership shall terminate when the Owner's ownership terminates. When more than one Person is
an Owner of a Unit, all such Persons shall be members of the Association, but multiple ownership of a Unit shall
not alter the voting rights allocated to such Unit nor authorize the division of the voting rights.
4.2. Allocation of Voting ��hts. Undivided Interests and Common Expense Obli atg ions. Voting
rights, undivided interests in the Common Elements and Common Expense obligations (subject to Sections 6.4
and 6.7) are allocated among the Units based upon the area of each Unit (exclusive of any optional mezzanine
area) relative to the aggregate area of all Units, as set forth as percentages in Exhibit A attached hereto. The
voting rights, Common Expense obligations and undivided interests referred to in this Section 4.2 shall be
reallocated among all Units based upon the above formula in the event additional Units are created.
4.3. Appurtenant Rights and Obli atg� ions. The ownership of a Unit shall include the voting rights,
Common Expense obligations and undivided interests described in Section 4.2. Said rights, interests and
obligations, and the title to the Units, shall not be separated or conveyed separately, and any conveyance,
encumbrance, judicial sale or other transfer of any allocated interest in a Unit, separate from the title to the Unit
shall be void. The allocation of the rights, interests and obligations described in this Section may not be changed,
except in accordance with the Governing Documents and the Act.
4.4. Authority to Vote. The Owner, or some natural person designated to act as proxy on behalf of
the Owner, and who need not be an Owner, may cast the vote allocated to such Unit at meetings of the
Association. However, if there are multiple Owners of a Unit, only the Owner or other person designated
pursuant to the provisions of the Bylaws may cast such vote. The voting rights of Owners are more fully
described in Section 3 of the Bylaws.
SECTION 5
ADMINISTRATION
The administration and operation of the Association and the Property, including but not limited to, the
acts required of the Association, shall be governed by the following provisions:
5.1. General. The operation and administration of the Association and the Property shall be
governed by the Governing Documents, the Rules and Regulations, and the Act. The Association shall, subject
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to the rights of the Owners set forth in the Governing Documents and the Act, be responsible for the operation,
management and control of the Property. The Association shall have all powers described in the Governing
Documents, the Act and the statute under which the Association is incorporated. All power and authority
exercisable by the Association shall be vested in the Board, unless action or approval by the individual Owners
is specifically required by the Governing Documents or the Act. All references to the Association shall mean the
Association acting through the Board, unless specifically stated to the contrary.
5.2. Operational Purposes. The Association shall operate and manage the Property for the purposes
of (a) administering and enforcing the covenants, restrictions, easements, charges and liens set forth in the
Governing Documents and the Rules and Regulations, (ii) maintaining, repairing and replacing those portions
of the Property for which it is responsible, and (iii) preserving the value and architectural character of the
Property.
5.3. Binding Effect of Actions. All agreements and determinations made by the Association in
accordance with the powers and voting rights established by the Governing Documents or the Act shall be
binding upon all Owners and Tenants, and their lessees, guests, heirs, personal representatives, successors and
assigns, and all secured parties as defined in the Act.
5.4. Bylaws. The Association shall have Bylaws. The Bylaws shall govern the operation and
administration of the Association and shall be binding on all Owners and Tenants. The Bylaws need not be
recorded.
5.5. Mana eg ment. The Board may delegate to a manager or managing agent the management of any
or all Units, including any management duties imposed upon the Association's officers and directors by the
Governing Documents and the Act. However, such delegation shall not relieve the officers and directors of the
ultimate responsibility for the performance of their duties as prescribed by the Governing Documents and by
law. The Declarant and/or an affiliate of the Declarant may be employed as the manager of the Association
and/or the Property pursuant to a separate, written agreement, subject to termination as provided by the Act or
the management agreement.
5.6. Rules and Regulations. The Property and the conduct of Persons thereon is subject to
regulation, as follows:
5.6.1. The Board has the exclusive authority to approve and implement such reasonable
Rules and Regulations as it deems necessary from time to time for the purpose of operating and
administering the affairs of the Association and regulating the use of the Property; provided that the
Rules and Regulations shall not be inconsistent with the Governing Documents or the Act. The inclusion
in other parts of the Governing Documents of authority to approve Rules and Regulations shall be
deemed to be in furtherance, and not in limitation, of the authority granted by this Section. New or
amended Rules and Regulations shall be effective only after reasonable notice thereof has been given
to the Owners.
5.6.2. An Owner may establish reasonable rules relating to the internal use of such Owner's
Unit and the conduct of Persons using or visiting the Unit; provided that the rules shall be consistent
with and subject to the Governing Documents, the Rules and Regulations, this Declaration and
applicable law.
5.7. Association Assets: Surplus Funds. All funds and real or personal property acquired by the
Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing
Documents. Surplus funds remaining after payment of or provision for Common Expenses and reserves shall be
credited against future Assessments or added to reserves, as determined by the Board.
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SECTION 6
ASSESSMENTS
6.1. General. Assessments shall be determined and assessed against the Units by the Board, in its
discretion, subject to the requirements and procedures set forth in this Section 6 and the Bylaws. Assessments
shall include annual Assessments under Section 6.2 and may include special Assessments under Section 6.3 and
limited Assessments under Section 6.4. Annual and special Assessments shall be allocated among the Units in
accordance with the allocation formula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be
allocated to Units as set forth in that Section.
6.2. Annual Assessments. Annual Assessments shall be established and levied by the Board. Each
annual Assessment shall cover all of the anticipated Common Expenses of the Association for that year which
are to be shared by all Units in accordance with the allocation formula described in Section 4.2. Annual
Assessments shall be payable annually, or in equal monthly or quarterly installments, as established by the
Board. Annual Assessments may provide, among other things, for an adequate reserve fund for the replacement
of the Common Elements and those parts of the Units for which the Association is responsible and which are
not funded by limited Assessments, pursuant to Section 6.4. Annual Assessments shall provide, for funds
adequate to perform the minimum required maintenance of the Common Elements under any preventive
maintenance plan adopted by the Association as required under Section 51513.3407 of the Act.
6.3. �ecial Assessments. In addition to annual Assessments, the Board may levy in any Assessment
year a special Assessment against all Units in accordance with the allocation formula set forth in Section 4.2.
Among other things, special Assessments may be used for the purpose of defraying in whole or in part the cost
of any unforeseen or unbudgeted Common Expense.
6.4. Limited Assessments. In addition to annual Assessments and special Assessments, the Board
may at its discretion, levy and allocate limited Assessments among one or more, but not all, Units, in accordance
with the following requirements and procedures:
6.4.1. Any Common Expense associated with the maintenance, repair, or replacement of a
Limited Common Element shall be assessed exclusively against the Unit or Units to which that Limited
Common Element is allocated, as determined by the Board.
6.4.2. Any Common Expense benefiting fewer than all of the Units but not falling within
Section 6.4.1 may be assessed against the Unit or Units benefited, as determined by the Board.
6.4.3. The costs of insurance maybe assessed equally or by actual cost per Unit, and the costs
of common utilities may be assessed equally, in proportion to usage, or such other reasonable allocation
as may be approved by the Board.
6.4.4. Reasonable attorneys' fees and other professional fees and costs incurred by the
Association in connection with (if) the collection of Assessments and (ii) the enforcement of the
Governing Documents, the Act, or the Rules and Regulations, against an Owner or Tenant or their
guests, may be assessed against the Owner's Unit.
6.4.5. Late charges, fines and interest may be assessed as provided in Section 13.
6.4.6. If any damage to the Common Elements, Limited Common Elements or another Unit
or any portion of the Owner's Unit that the Association is obligated to maintain is caused by the act or
omission of any Owner or Tenant, or their guests, the Association may assess the costs of repairing the
damage exclusively against the offending Owner's Unit to the extent not covered by insurance.
6.4.7. If a Unit is owned by multiple individuals or an entity and the Common Elements or
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any other improvements or facilities related to the common interest community are used by more than
one individual and his or her immediate family, ("immediate family" being defined to include the
individual's spouse, children and stepchildren) the Board is authorized to assess an Owner of the Unit
for excess use of the Common Elements or such other improvements or facilities in an amount
determined by the Board.
6.4.8. If Common Expense liabilities are reallocated for any purpose authorized by the Act,
Assessments and any installment thereof not yet due shall be recalculated in accordance with the
reallocated Common Expenses liabilities.
Assessments levied under Sections 6.4.1 through 6.4.7 may, at the Board's discretion, be assessed as a part of,
or in addition to, the other Assessments levied under Section 6.1 or 6.2.
6.5. Working Capital Fund. There shall be established a working capital fund to meet unforeseen or
unbudgeted expenditures or to purchase additional equipment or services during the Association's beginning
years of operation. There shall be contributed, on a one-time basis upon the initial sale of each Unit by Declarant,
an amount equal to $500.00 per Unit. The contribution shall be paid by the Unit purchasers at the earlier of the
time of closing of sale of the Unit or by the Declarant at the time of termination of the Declarant Control Period
as to then unsold Units. The contributions to this fund are in addition to the regular installments of annual
Assessments. The Board may include in each subsequent annual budget a reasonable amount of working capital,
based upon the anticipated needs of the Association for the year in question. The funds shall be deposited into
an account of the Association (which need not be a segregated account) no later than the termination of the
Declarant Control Period. Funds deposited in said account may be used to fund replacement reserves or for
operations of the Property or the Association. Upon the closing of the initial sale of a Unit, Declarant may
reimburse itself from funds collected from the purchaser at the closing for any prior contributions made by
Declarant to any reserve fund with respect to that Unit.
6.6. Liability of Owners for Assessments. The obligation of an Owner to pay Assessments shall
commence at the later of (i) the time at which the Owner acquires title to the Unit, or (ii) the due date of the first
Assessment levied by the Board. The Owner at the time an Assessment is payable with respect to the Unit shall
be personally liable for the share of the Common Expenses assessed against such Unit. Such liability shall be
joint and several where there are multiple Owners of the Unit. Subject to Section 6.7, the liability is absolute and
unconditional and no Owner is exempt from liability for payment of Assessments by right of set- off, by waiver
of use or enjoyment of any part of the Property, by absence from or abandonment of the Unit, by the waiver of
any other rights, or by reason of any claim against the Declarant, the Association or its officers, directors or
agents, or for their failure to fulfill any duties under the Governing Documents or the Act.
6.7. Declarant's Liability for Assessments. Pursuant to Section 515B.34151 of the Act, the
Declarant is hereby authorized to establish an alternate common expense plan whereby the Declarant's Common
Expense liability, and the corresponding assessment lien against the Units owned by the Declarant, is limited to:
(A) paying when due, in compliance with Section 515B.34151(b) of the Act, an amount equal to the full share
A replacement reserves allocated to Units owned by the Declarant, as set forth in the Association's annual
budget, and (8) paying when due all accrued expenses of the CIC in excess of the aggregate assessments payable
with respect to Units owned by persons other than Declarant, provided that the alternate common expense plan
shall not affect Declarant's obligation to make up any operating deficit pursuant to Section 515B.3-1151(a)(2)(iv)
A the Act.
6.7.1. Duration of Alternate Common Expense Plan. The alternate common expense plan
shall be effective for a period of not less than one year but shall in any event terminate upon the
termination of the Declarant Control Period unless terminated earlier pursuant to Section 515B.3-1151
(a)(2)(iii) of the Act.
6.7.2. Level of Services. The alternate common expense plan shall have no effect on the level
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of services for items set forth in the Association's budget.
6.7.3. Accounting Obligations Associated with Use of Alternate Common Expense Plan. If
Declarant utilizes an alternate common expense plan, Declarant shall cause to be prepared and delivered
to the Association, at the Declarant's expense, within 90 days after the termination of the Declarant
Control Period, an audited balance sheet and profit and loss statement certified to the Association and
prepared by an accountant having the qualifications set forth in section 51513.3421(b) of the Act. The
audit shall be binding on the Declarant and the Association.
(i) If the audited profit and loss statement shows an accumulated operating deficit,
the Declarant shall be obligated to make up the deficit within 15 days after
delivery of the audit to the Association, and the Association shall have a claim
against the Declarant for an amount equal to the deficit until paid. If Declarant
does not utilize an alternate common expense plan, Declarant is not liable to
make up any operating deficit.
(ii) The existence and amount, if any, of the operating deficit shall be determined
using the accrual method of accounting applied as of the date of termination of
the Declarant Control Period, regardless of the accounting methodology
previously used by the Association to maintain its accounts.
(iii) Unless approved by a vote of the Unit Owners other than the Declarant and its
affiliates, the operating deficit shall not be made up, prior to the election by the
Unit Owners of a Board of Directors pursuant to section 51513.3403(d) of the
Act, through the use of a special assessment or by assessments described in
subsections 51513.3-1151(e), (f), and (g) of the Act.
6.8. Assessment Lien. The Association has a lien on a Unit for any Assessment levied against that
Unit from the time the Assessment becomes due. If an Assessment is payable in installments, the full amount of
the Assessment is a lien from the time the first installment thereof becomes due. Fees, charges, late charges,
fines and interest charges imposed by the Association pursuant to Section 51513.3402(a)(10), (11) and (12) of
the Act are liens, and are enforceable as Assessments, under this Section 6. Recording of the Declaration
constitutes record notice and perfection of any lien under this Section 6, and no further recordation of any notice
of or claim for the lien is required. Notwithstanding the foregoing, in the event that the Association records a
notice of lien against a Unit, the Association will be deemed to be a purchaser for purposes of the Recording
Act, Minnesota Statutes §507.34, as of the date that the lien document is properly recorded. Past due assessments,
and amounts enforceable hereunder as assessments, shall bear interest at the rate established with respect to
judgments under Minnesota Statutes Section 549.09. The release of the lien shall not release the Owner from
personal liability unless agreed to in writing by the Association.
6.9. Foreclosure of Lien: Remedies. A lien for Assessments may be foreclosed against a Unit under
the laws of the State of Minnesota (i) by action, or (ii) by advertisement in a like manner as a mortgage containing
a power of sale. The Association, or its authorized representative, shall have the power to bid in at the foreclosure
sale and to acquire, hold, lease, mortgage and convey any Unit so acquired. The Owner and any other Person
claiming an interest in the Unit, by the acceptance or assertion of any interest in the Unit, grants to the Association
a power of sale and full authority to accomplish the foreclosure. The Association shall, in addition to its other
remedies, have the right to pursue any other remedy at law or in equity against the Owner who fails to pay any
Assessment or charge against the Unit.
6.10. Lien Priority: Foreclosure. A lien for Assessments is prior to all other liens and encumbrances
on a Unit except (i) liens and encumbrances recorded before the Declaration, (ii) any first mortgage on the Unit,
and (iii) liens for real estate taxes and other governmental assessments or charges against the Unit.
Notwithstanding the foregoing, if (1) a first mortgage on a Unit is foreclosed, (2) the first mortgage was recorded
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on or after the date of recording of this Declaration, and (3) no Owner redeems during the Owner's period of
redemption provided by Minnesota Statutes Chapters 580, 581, or 582; then the holder of the sheriffs certificate
of sale from the foreclosure of the first mortgage or any person who acquires title to the Unit by redemption as
a junior creditor shall take title to the Unit subject to a lien in favor of the Association for unpaid Assessments
or installments thereof levied pursuant to Sections 515B.3-115(a), (e)(1) to (3), (f), and (i) of the Act which
became due, without acceleration, during the six months immediately preceding the first day following the end
of the Owner's period of redemption.
6.11. Real Estate Taxes and Assessments. Real estate taxes, special assessments, and other charges
and fees which may be levied against the Common Elements by governmental authorities, shall be allocated
among and levied against the Units based upon their respective percentage interests in the Common Elements as
set forth in Exhibit A, and shall be a lien against each Unit in the same manner as a lien for real estate taxes and
special assessments levied against the Unit alone.
6.12. Voluntary Conveyances: Statement of Assessments. In a voluntary conveyance of a Unit the
buyer shall not be personally liable for any unpaid Assessments and other charges made by the Association
against the seller or the seller's Unit prior to the time of conveyance to the buyer, unless expressly assumed by
the buyer. However, the lien of such Assessments shall remain against the Unit until released. Any seller or
buyer shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the
unpaid Assessments against the Unit, including all Assessments payable in the Association's current fiscal year,
which statement shall be binding on the Association, seller and buyer.
SECTION 7
RESTRICTIONS ON USE OF PROPERTY
All Owners and Tenants, and all Mortgagees and other secured parties, by their acceptance or assertion
A an interest in the Property, or by their occupancy of part or all of a Unit, covenant and agree that, in addition
to any other restrictions which may be imposed by the Act, the Governing Documents, or the Rules and
Regulations, the occupancy, use, operation, alienation and conveyance of the Property shall be subject to the
following restrictions:
7.1. General. The Property shall be owned, conveyed, encumbered, leased, used and occupied
subject to the Governing Documents and the Act, as amended from time to time. All covenants, restrictions and
obligations set forth in the Governing Documents are in furtherance of a plan for the Property and shall run with
the Property and be a burden and benefit to all Owners and Tenants and to any other Person acquiring or owning
an interest in the Property, their heirs, personal representatives, successors and assigns. The Property shall be
used for private uses, except as otherwise approved by the Board.
7.2. Subdivision or Conversion. Except as permitted by this Declaration, no Unit, nor any part of
the Common Elements, may be subdivided, partitioned or converted without the prior written approval of all
Owners and all Mortgagees.
7.3. Permitted Uses and Restrictions. The Property shall be used for (i) vehicle storage, including
but not limited to the storage of automobiles, motorcycles, recreational vehicles, all -terrain vehicles and
snowmobiles, (ii) business -related storage and related office uses permitted by City ordinances or by agreement
with the City, and approved by the Board, and (iii) other non-residential uses permitted by City ordinances or by
agreement with the City, and approved by the Board; provided that none of the following businesses, trades,
occupations or professions, whether carried on for profit or otherwise, shall be conducted, maintained or
permitted anywhere on the Property: adult theatre, adult amusement facility, any facility selling, providing or
displaying adult -oriented or pornographic materials, liquidation facility, auction house, flea market, sleeping
quarters or lodging, housing or raising animals, day care or child care facility, nursing home or nursing facility,
any retail use, place of worship or betting establishment.
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7.4. Leasing. Leases of Units shall be permitted, subject to the following conditions: (i) the Tenant's
use shall comply with Section 7.3, (ii) no Unit may be subleased, (iii) a Unit must be leased in its entirety (not
in part or by room), (iv) all leases shall be in writing, and (v) all leases shall provide that they are subject to the
Governing Documents, the Rules and Regulations and the Act, and that any failure of the Tenant to comply with
the terms of such documents shall be a default under the lease. The Owner of the leased Unit shall, upon request
of the Board, provide a copy of the signed lease to the Association.
7.5. ParkinrZ. Subject to the provisions of this Section, surface parking areas located on the Common
Elements shall be available for parking by all Owners and Tenants, and their guests. The Board may establish
reasonable Rules and Regulations governing the use of the surface parking areas, including but not limited to
the assignment of a limited number of parking spaces for the use of handicapped persons, or for the use of the
Owners or Tenants of a particular Unit or owners or employees of businesses located within a Unit; provided,
(i) that if parking spaces are assigned, they shall be assigned in a uniform, fair and equitable manner, and (ii)
that handicapped spaces shall be reserved in accordance with law. Storage or prolonged parking of vehicles,
trailers or other transportation devices in surface parking areas, or the exterior storage of personal property of
any type, is prohibited unless (i) authorized by the Board and (ii) in compliance with City ordinances.
7.6. Animals. The Board shall have the exclusive authority to prohibit, or to allow and regulate, the
keeping of animals on the Property, or to require and enforce removal of animals that exhibit behavioral problems
whose owners fail or refuse to comply with pet restrictions. This authority may be exercised so as to permit or
prohibit different types or breeds of animals, but those animals which are permitted (if any) shall be limited to
common domestic dogs and cats. However, no animal may be bred or kept or maintained for business for
business or commercial purposes, anywhere on the Property. The word "animal" shall be interpreted in its
broadest sense and shall include all living creatures except humans. Notwithstanding the foregoing, no provision
A the Governing Documents, nor any Rule or Regulation, may prohibit the keeping of a qualified service dog
or similar animal by a person who is handicapped within the meaning of the Fair Housing Amendments Act of
1988 or comparable state law.
7.7. Signs. Signs or other displays of any type may be erected (i) only at locations established by
the Declarant or subsequently approved by the Board, (it) in compliance with City sign ordinances and the design
standards established for the Property by the Declarant, and (iii) approved pursuant to Section 8. The design,
erection and maintenance of signs shall be subject to the following additional requirements and conditions:
7.7.1. An Owner may erect and post signs within the Owner's Unit as necessary to direct
traffic, identify spaces, and facilitate other internal operations of the Unit.
7.7.2. An Owner, outside whose Unit a sign identifying the Unit is located, shall be
responsible for maintaining the sign in good condition and in a manner consistent with the first-class
maintenance and design standards applicable to the Property as a whole, except that any common signs
or directories identifying the project shall be maintained by the Association.
7.7.3. All signs or other displays shall be subject to prior approval by the Declarant so long
as Declarant owns a Unit for sale or has the right to add Additional Real Estate to the Property.
7.8. Exterior Li htg ink. The location, size, color and design of all lighting fixtures or similar
equipment used or shown outside of a Building must be (i) in compliance with City lighting requirements, (ii)
consistent with the design standards established for the Property by the Declarant and (iii) approved pursuant to
Section 8.
7.9. Outdoor Activities. Outdoor activities on the Property, such as promotional events, gatherings,
demonstrations, displays or other activities which have the potential to materially affect any easement or use
rights, cause a nuisance or material disturbance, create a safety or health hazard, or create material liability for
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the Association or any Member, shall be subject to prior written approval by the Board. In determining whether
to authorize an activity, the Board shall, at minimum, take into consideration the security of the Property, the
potential for disturbance or damage to the Property, the potential liability for the Association or any Member,
the health and safety of Persons occupying or using the Property, and whether the activity unreasonably impairs
any easement or other authorized use of the Property.
7.10. Quiet Enjoyment: Interference Prohibited. All Owners and Tenants and their guests shall have
a right of quiet enjoyment in their respective Units, subject to the usual and customary sounds, odors or activities
commonly associated with occupants such as those located in the Units. Subject to the foregoing, the Property
shall be occupied and used in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or
impede the reasonable use and quiet enjoyment of the Property by other Owners and Tenants and their guests.
7.11. Compliance with Law. No use shall be made of the Property which would violate any then -
existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could
cause waste to the Property, cause a material increase in insurance rates on the Property, or otherwise cause any
unusual liability, health or safety risk, or expense, for the Association or any owner or Tenant.
7.12. Ponds Wetlands and Trees. Ponds, marshes, wetland areas, vegetation and trees, whether
natural or otherwise, shall be maintained in substantially the same condition as originally existing or established
by the Declarant, subject only to (i) changes authorized or made by the Association consistent with all statutes,
requirements, rules and regulations imposed on such areas and items by governmental authorities having
jurisdiction and (ii) the prior approval by the City or any other governmental authorities, if required.
7.13. Time Shares Prohibited. The time share form of ownership, or any comparable form of lease,
occupancy rights, ownership, or right -to -use plans, which has the effect of dividing the ownership or occupancy
of a Unit into separate time periods, is prohibited.
7.14. Access to Units. In case of emergency, all Units and Limited Common Elements are subject to
entry, without notice and at any time, by an officer or member of the Board, by the Association's management
agents or by any public safety personnel. Entry is also authorized for maintenance purposes under Section 9, and
for enforcement purposes under Section 13.
SECTION 8
ARCHITECTURAL STANDARDS
8.1. Restrictions on Improvements. One of the purposes of this Declaration is to ensure that the
Property is kept architecturally attractive and substantially uniform in appearance. Therefore, except as set forth
in Section 8.6, the following restrictions and requirements shall apply to improvements to the Property:
8.1.1. Subject to applicable state and federal law and this Section 8, no modifications,
alterations, improvements, repairs or replacements of any type, temporary or permanent, structural,
aesthetic or otherwise (collectively referred to as "improvements"), including but not limited to, any
structure, building, addition, deck, patio, fence, wall, enclosure, window, exterior door, antenna or other
type of sending or receiving apparatus, sign, flag, display, decoration, color change, shrubbery, material
topographical or landscaping change, shall be made, or caused or allowed to be made, by any Owner or
Tenant, or their invitees, in any part of the Common Elements, or in any part of the Unit which affects
the Common Elements or another Unit, or which is visible from the exterior of the Unit, without the
prior written authorization of the Board, or an architectural committee appointed by it, and in
compliance with the requirements of this Section. Declarant's written consent shall also be required for
improvements until such time as Declarant no longer owns any Unit for initial sale or has the right to
add Additional Real Estate to the Property.
8.1.2. The Board may appoint, supervise and disestablish an architectural committee, and
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specifically delegate to it part or all of the functions which the Board exercises under this Section 8, in
which case the references to the Board shall refer to the architectural committee where appropriate. The
architectural committee shall be subject to the supervision of the Board.
8.1.3. The Board shall establish the criteria for approval of improvements, which shall
include and require, at a minimum:
8.1.3.1. substantial uniformity of color, location, type and design in relation to existing
Buildings and topography,
8.1.3.2. comparable or better quality of materials as used in any existing improvement
on the Property,
8.1.3.3. ease of maintenance and repair,
8.1.3.4. adequate protection of the Property, the Association, Owners and Tenants
from liability and liens arising out of the proposed improvements,
8.1.3.5. substantial preservation of other Owners' sight lines, if material, and
8.1.3.6. compliance with governmental laws, codes and regulations.
The Board, or the appointed architectural committee if so authorized by the Board, has the right
to establish such additional criteria, architectural or otherwise, as it deems appropriate, and
shall be the sole judge of whether such criteria are satisfied.
8.1.4. Approval of improvements which immaterially encroach upon another Unit or the
Common Elements shall create an appurtenant easement for such encroachment in favor of the Unit
with respect to which the improvements are approved, notwithstanding any contrary requirement in the
Governing Documents or the Act. A file of the Board resolutions approving or denying all applications
for improvements shall be maintained permanently as a part of the Association's records.
8.1.5. Interior improvements to a Unit or its Limited Common Elements may be made
without approval by the Board, provided that such improvements do not impair the structural or weather -
tight integrity of the Common Elements, interfere with utilities or Building operating systems or violate
applicable governmental laws, codes or regulations. The Board shall have the authority to approve and
implement such reasonable Rules and Regulations as it deems necessary from time to time for the
purpose of restricting interior improvements to a Unit or its Limited Common Elements which may
impair the structural or weather -tight integrity of the Common Elements, interfere with utilities or
Building operating systems or violate applicable governmental laws, codes or regulations. To the extent
interior improvements to a Unit or its Limited Common Elements involve electrical work, such electrical
work must be performed by a licensed electrician.
8.2. Review Procedures. The following procedures shall govern requests for improvements under
this Section:
8.2.1. Detailed plans, specifications and related information regarding any proposed
improvement, in form and content acceptable to the Board, shall be submitted to the Board and to
Declarant (if applicable) at least sixty days prior to the projected commencement of construction. No
improvements shall be commenced prior to approval.
8.2.2. The Board and Declarant (if applicable) shall give the Owner written notice of
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approval or disapproval. If the Board and Declarant (if applicable) fail to give notice of approval or
disapproval within sixty days after receipt of (i) said plans and specifications and (ii) all other
information requested by the Board and Declarant (if applicable), then approval shall be deemed to be
granted; provided, that the improvements are done in accordance with the plans, specifications and
related information which were submitted.
8.2.3. If no request for approval is submitted, approval shall be deemed to be denied.
8.3. Remedies for Violations. The Association may undertake any measures, legal, equitable or
administrative, to enforce compliance with this Section and shall be entitled to recover from the Owner causing
or permitting the violation all attorneys' and other professional fees and costs of enforcement incurred by the
Association, regardless of the type of action taken (if any). Such attorneys' fees and costs shall be a lien against
the Owner's Unit and a personal obligation of the Owner. In addition, the Association shall have the right to
enter the Owner's Unit and to restore any part of a Building or Unit to its prior condition if any improvements
were made in violation of this Section, and the cost of such restoration shall be a personal obligation of the
Owner and a lien against the Owner's Unit.
8.4. Owner Responsibility/Indemnity. The Owner who causes an improvement to be made,
regardless of whether the improvement is approved by the Board, shall be responsible for the construction work
and any claims, damages, losses or liabilities arising out of the improvements. The Owner shall hold harmless,
indemnify and defend the Association, and its officers, directors and committee members, from and against any
expenses, claims, damages, losses or other liabilities, including without limitation attorneys' fees and costs of
litigation, arising out of (i) any improvement which violates any governmental laws, codes, ordinances or
regulations, (ii) the adequacy of the specifications or standards for construction of the improvements and (iii)
the construction of the improvements.
8.5. Exemptions. The requirements set forth in this Section 8 (except Section 8.5) shall not apply to
original construction by Declarant or its affiliates in connection with its completion and sale of the Units.
SECTION 9
MAINTENANCE AND REPAIR
9.1. Association Obligations. Subject to Section 9.2, the Association shall provide for all
maintenance, repair or replacement (collectively referred to as "maintenance") of the Common Elements and
Limited Common Elements, including any improvement thereto, subject to the following qualifications or
additions:
9.1.1. The Association shall maintain garage doors, garage door hardware, openers, and
weather-stripping.
9.1.2. The cost of maintenance, repair or replacement of part or all of a Limited Common
Element shall be assessed against the Unit or Units to which the Limited Common Element is allocated
in accordance with Section 6.4.1.
9.1.3. The cost of maintenance, repair or replacement of a part of the Common Elements
which benefits only a certain Unit or Units, may be assessed against the Unit or Units benefited in
accordance with Section 6.4.2.
9.1.4. The Association may, with the approval of a majority of Owners who have authority
to cast in excess of fifty percent (50%) of the total votes in the Association in person or by proxy at a
meeting called for such purposes, undertake to maintain, repair or replace mechanical, structural or other
components within the Units.
9.1.5. The Association may undertake to maintain, repair or replace mechanical, structural
or other components within the Units and assess the costs against the Unit if the failure or impairment
of the component could result in damage to the Common Elements. or other Units, impair the function
of any common Building systems, or create a health or safety hazard.
9.1.0. The Association shall be responsible for incidental damage caused to a Unit or its
Limited Common Elements by work undertaken by the Association pursuant to this Section.
9.1.7. If damage is caused to the Common Elements, Limited Common Elements or other
Units by an Owner or Tenant, or their guests, or by any condition in the Unit or Limited Common
Elements which the Owner or Tenant has caused or allowed to exist, then the Association may repair
the damage or correct the condition and assess the cost thereof against the responsible Owner's Unit.
9.2. Owner Obligations. Each Owner shall, at its expense, undertake the following obligations for
maintenance, repair and replacement:
9.2.1. To maintain, repair, and replace the Owner's Unit. The Units shall be kept in good,
clean and sanitary condition and repair.
9.2.2. To perform its maintenance obligations promptly and in such manner as not to damage
the Property, nor unreasonably disturb or cause a hazard to persons occupying or otherwise using the
Property. The Board may require that the Owners perform their maintenance obligations in accordance
with reasonable standards established by the Board and in a manner consistent with the Declarant's
design plan for the common interest community.
9.2.3. To promptly pay or reimburse the Association for any costs incurred by the
Association for the repair of any damage to the Common Elements, Limited Common Elements or other
Units, caused by an Owner or Tenant, or their guest, or caused by any condition in the Unit or Limited
Common Elements which the Owner or Tenant has allowed to exist.
9.2.4. If an Owner fails or refuses to perform the Owner's duty to maintain, repair or replace,
the Association shall have authority to undertake the necessary work and assess the Owner's Unit for
the cost thereof; provided that reasonable notice and an opportunity to sure the violation shall first be
given to the Owner.
SECTION 10
INSURANCE
10.1. Association Insurance. The Association shall obtain and maintain the following insurance
relating to the Property:
10.1.1. The Association shall, at a minimum, maintain property insurance in broad form
covering all risks of physical loss in an amount equal to one hundred percent of the insurable
"replacement cost" of the Property, less deductibles; but excluding (i) land, footings, excavation and
other items normally excluded from coverage, and (ii) items such as ceilings or wall finishing materials,
floor coverings, plumbing, lighting and other interior fixtures, built-in equipment, business equipment,
or any other improvement or betterment installed within the Units. The policy or policies shall also
cover personal property owned by the Association. The policy or policies shall also contain "Inflation
Guard" and "Agreed Amount" endorsements, if reasonably available. The Association may enter into
an agreement with a Mortgagee or a guarantor, insurer or servicer of a mortgage, obligating the
Association to keep other coverages or endorsements in effect. The Association may also enter into
agreements among all Owners as to the allocation of insurance proceeds among their Units.
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10.1.2. Commercial general liability insurance covering the use, operation and maintenance
of the Common Elements, with minimum limits of one million dollars per occurrence, against claims
for death, bodily injury and property damage, and such other risks as are customarily covered by such
policies for projects similar in construction, location and use to the Property. The policy shall contain a
"severability of interest" endorsement which shall preclude the insurer from denying the claim of an
Owner or Tenant because of negligent acts of the Association or other Owners or Tenants.
10.1.3. Such other types and amounts or insurance as may be determined by the Board to be
necessary or desirable, including but not limited to officers and directors' liability insurance, workers'
compensation insurance, and insurance or fidelity bonds covering dishonest acts by those Persons
having control or custody of the Association's funds.
10.2. Cancellation: Notice of Loss. All policies or property insurance and comprehensive liability
insurance maintained by the Association shall provide that the policies shall not be canceled or substantially
modified, for any reason, without at least thirty days' prior written notice to the Association, the insureds and all
Mortgagees.
10.3. Conflicts with Act. In the event of a conflict between this Section 10 and the Act, this Section
10 shall control, it being the intention of Declarant that the Association and the Owners shall have authority and
discretion to deal with the unique insurance needs associated with the uses of these nonresidential Units and the
requirements of Mortgagees.
10.4. Owners' Insurance/Indemnity. Each Owner shall obtain and maintain the following insurance
and provide the described indemnities:
10.4.1. Property insurance insuring any insurable improvement within the Owner's Unit for
the full insurable replacement value of such improvement.
10.4.2. Commercial general liability insurance covering the Owner's Unit, and the activities
of the Owner, and its officers, directors, employees and agents in connection with the Owner's
occupancy, operation, management and use of the Unit, including any additional coverages customarily
carried for unique or hazardous activities arising out of a business or activities conducted on the Unit.
Said liability insurance shall be in the minimum amounts of (i) $1,000,000 for an accident affecting
more than one person in or resulting from one occurrence and (ii) $1,000,000 property damage for each
occurrence. Each Owner shall, upon request of the Association or any other Owner, furnish a certificate
or certificates of such insurance.
10.4.3. Each Owner shall hold harmless, indemnify and defend the Declarant, other Owners
and the Association, and their respective officers, directors and employees, from and against all claims,
actions, damages and other liabilities, including attorneys' fees and costs, arising out of incidents
occurring within such Owner's Unit or arising out of the conduct of the Owner or Tenants of the Unit
or their employees, agents, contractors and guests, unless caused by the intentional or negligent act or
omission of the party to be indemnified.
10.4.4. The Owner's insurance shall be primary as against the Association's insurance for
damages to any interior improvement to the Units, and there shall be no right of contribution against the
Association's insurance, with respect to damage or activities within the Owner's Unit.
SECTION 11
RECONSTRUCTION, EMINENT DOMAIN AND TERMINATION
Reconstruction. The obligations and procedures for the repair, reconstruction or disposition of
the Property following damage or destruction thereof shall be governed by the Act. Any repair or reconstruction
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shall be commenced as soon as practicable after the casualty and shall be substantially in accordance with the
plans, specifications and design of the Property as initially constructed and subsequently improved.
11.2. Eminent Domain. In the event of a taking of any part of the Property by condemnation or
eminent domain, the provisions of the Act shall govern; provided, (i) that notice shall be given as provided in
Section 11.4 and 16.4; (ii) that the Association shall be the attorney4n4act to represent the Owners in any related
proceedings, negotiations, settlements or agreements; and (iii) that any awards or proceeds shall be payable to
the Association for the benefit of the Owners and the Mortgagees of their Units, as their interests may appear.
11.3. Termination and Liquidation. The termination of the common interest community, and the
distribution of any proceeds therefrom, shall be governed by the Act, except that any distributions shall be
allocated based upon the value of the Units as unanimously agreed upon by the Owners, or by appraisers agreed
upon in writing by a majority of the Owners and Mortgagees, and shall be made to Owners and their Mortgagees
as their interests may appear.
11.4. Notice. The Association shall give written notice of any condemnation proceedings or
substantial destruction of the Property to the Mortgagees within ten business days after the casualty or first legal
notice of condemnation.
11.5. Association's Authority. In all cases involving reconstruction, condemnation, eminent domain,
termination or liquidation of the common interest community, the Association may (i) act on behalf of the
Owners in all proceedings, negotiations and settlement of claims, or (ii) delegate the authority to act to an Owner
or Owners of the affected Units if the casualty affects fewer than all Units. If such authority is retained and
exercised by the Association, then all proceeds shall be payable to the Association to hold and distribute for the
benefit of the Owners and their Mortgagees. Mortgagees are entitled to priority for awards and distributions in
accordance with the priorities established by the Act and their mortgage loan documents, as their interests may
appear.
SECTION 12
EASEMENTS
The following appurtenant easements and rights are hereby granted, conveyed, dedicated and reserved
on, over, under and across the Property, as applicable.
12.1. Access. Each Unit shall be the beneficiary of a nonexclusive easement for access to and from
public roadways and walkways on and across those portions of the Common Elements designated for use as
roadways, driveways or walkways, as originally constructed, shown on the Plat or otherwise designated by the
Association, subject to any restrictions authorized by (i) the Governing Documents or the Rules and Regulations,
or (ii) any governmental authority.
12.2. Use and Enjoyment. Each Unit shall be the beneficiary of nonexclusive easements for use and
enjoyment on and across the Common Elements and any Limited Common Element allocated to the respective
Units, subject to any restrictions authorized or imposed by the Governing Documents.
12.3. Structural Support. Each Unit and the Common Elements shall be subject to and the beneficiary
of nonexclusive easements for structural support in all walls, columns, joists, girders and other structural
components located in or passing through another Unit or other parts of the Building or shared with an adjoining
Unit or the Common Elements.
12.4. Encroachments. Each Unit and the Common Elements, and the rights of the Owners and
Tenants therein, shall be subject to a nonexclusive easement in favor of the adjoining Units for encroachments
caused by the construction, reconstruction, repair, shifting, settlement or movement of any part of the Property,
and for any improvement which is added in compliance with Section 8. If there is an encroachment upon another
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Unit or the Common Elements, as a result of any of the aforementioned causes, an easement shall exist for the
encroachment, for the use, enjoyment and habitation of any encroaching Unit or improvement, and for the
maintenance thereof. Any improvement added pursuant to Section 8 shall be limited to minor encroachments,
and no easement shall exist unless the proposed improvement has been approved and constructed as required by
this Declaration. Such easements shall continue for as long as the encroachment exists and shall not affect the
marketability of title.
12.5. Maintenance, Repair, Replacement and Reconstruction. Each Unit, and the rights of the Owners
and Tenants thereof, and the Common Elements and Limited Common Elements, shall be subject and benefited
by a nonexclusive easement in favor of the Association for the maintenance, repair, replacement and
reconstruction of the Common Elements, Units and any improvements related thereto, and utilities serving the
Units, to the extent necessary to fulfill the Association's obligations under the Governing Documents. Each
Owner shall afford to the Association and its management agents and employees, access at reasonable times and
upon reasonable notice, to and through the Unit and its Limited Common Elements for maintenance, repair and
replacement; provided that access may be had without notice and at any time in case of emergency.
12.6. Utilities and Services. The Common Elements and the Units shall be subject to and benefited
by non-exclusive easements in favor of the Association, the City and all utility companies and other service
providers for the installation, use, maintenance, repair and replacement of all utilities, services and common
operating systems, such as natural gas, electricity, cable television and other electronic communications, water,
sewer, septic systems, wells, and similar services, fire control systems and other common operating systems, and
metering and control devices, which exist, which are constructed as part of the development of the Property
which are approved by the City, which are approved by the Association under authority contained in the
Governing Documents or the Act, or which are described or referred to in the Plat, this Declaration or other
recorded instruments. Each Unit, and the rights of the Owners and Tenants thereof, shall also be subject to and
benefited by a non-exclusive, easement in favor of the other Units, the Common Elements and the Association
for all such utilities, services, fire control systems and other common operating systems. Utilities and related
services or systems shall be installed, used, maintained and repaired so as not to interfere with the use and quiet
enjoyment of the Units by the Owners and Tenants, nor affect the structural or architectural integrity of the
Buildings, Units or any Common Element improvement.
12.7. Emergency Access to Units. In case of emergency, all Units and Limited Common Elements
are subject to an easement, without notice and at any time, in favor of the Association for access by the
Association's management agents, and in favor of fire, police or other public safety personnel.
12.8. Project Signs. Declarant and the Association shall have anon -exclusive easement and right to
erect and maintain temporary and permanent signs and related monuments identifying the common interest
community on the Common Elements and on Units owned by the Declarant. Those parts of the Property on
which monument signs or any related decorative improvement is located shall be subject to non-exclusive
easements in favor of the Association for the continuing use, maintenance, repair and replacement of said signs
and any improvements.
12.9. Declarant's Easements. The Units and Common Elements are subject to exclusive easements
in favor of the Declarant for the exercise of its declarant rights as described in the Governing Documents.
12.10. Other Easements in favor of City. The Common Elements shall be subject to a permanent, non-
exclusive easement in favor of the City for ingress and egress purposes which includes the right of the City, its
contractors, agents, servants and assigns, to enter upon the Common Elements at all reasonable times for the
purposes of public safety emergency response and inspection of any private fire hydrant located upon the
Common Elements. The Property shall also be subject to such other easements as may be recorded against the
Property by reason of the City's requirements in connection with the development of the Property.
12.11. Continuation Scope and Conflict of Easements. The easements set forth in this Section (i) shall
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run with the land and shall be appurtenant to the benefited Property; (ii) shall supplement and not limit any
easements described elsewhere in this Declaration, or otherwise recorded; (iii) shall be permanent, subject only
to termination in accordance with the terms of the easement; and (iv) shall include reasonable access to the
easement areas over and through the Property for purposes of construction, maintenance, repair, replacement
and reconstruction.
12.12. Non -Interference: Impairment Prohibited. All Persons exercising easement rights shall do so in
a reasonable manner so as not to materially interfere with the operation of the Property or damage to the Property
and shall be financially liable for all costs of repair of any part of the Property which is damaged by the Person's
exercise of the easement rights. No Person shall impair, obstruct or cause damage to any easement area, or any
improvement or equipment installed therein. Notwithstanding anything in this Declaration to the contrary, no
Owner or Tenant shall be denied reasonable access to his or her Unit or the right to Utility services thereto.
12.13. Benefit of Easements. All easements benefiting a Unit shall benefit the Owners and Tenants of
the Unit, and their guests. However, an Owner who has delegated the right to occupy the Unit to an Tenant or
Tenants, whether by a lease or otherwise, does not have the use and other easements rights in the Property during
such delegated occupancy, except (i) as a guest of an Owner or Tenant or (ii) in connection with the inspection
of the Unit or recovery of possession of the Unit pursuant to law.
SECTION 13
COMPLIANCE AND REMEDIES
Each Owner and Tenant, and any other Person owning or acquiring any interest in the Property, shall
be governed by and comply with the provisions of the Act, the Governing Documents, the Rules and Regulations,
and such amendments thereto as may be made from time to time, and the decisions of the Association. A failure
to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies
authorized elsewhere by the Governing Documents or the Act.
13.1. Entitlement to Relief. Legal relief may be sought by the Association, at its discretion, against
any Owner, or by an Owner against the Association or another Owner, to enforce compliance with the Governing
Documents, the Rules and Regulations, the Act or the decisions of the Association. However, no Owner may
withhold any Assessments payable to the Association or take or omit other action in violation of the Governing
Documents, the Rules and Regulations or the Act, as a measure to enforce such Owner's position, or for any
other reason.
13.2. Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative
or legal, the Association shall have the right (or the obligation if so indicated) to implement any one or more of
the following actions against Owners and Tenants and/or their guests, who violate the provisions of the
Governing Documents, the Rules and Regulations or the Act:
13.2.1. Commence legal action for damages or equitable relief in any court of competent
jurisdiction.
13.2.2. Impose late charges, in an amount determined by the Board in its reasonable discretion,
for each Assessment or installment thereof past due more than thirty days and impose interest at the
highest rate permitted by law accruing beginning on the first day of the month after the Assessment or
installment was due.
13.2.3. In the event of default of more than thirty days in the payment of any Assessment or
installment thereof, all remaining installments of Assessments levied against the Unit owned by the
defaulting Owner, together with any late payment charges, interest, attorneys' and other professional
fees and costs of collection, may be accelerated by the Board and shall then be payable in full if not paid
within ten days after receipt of notice from the Association.
23
13.2.4. Impose reasonable fines, penalties or charges for each violation of the Act, the
Governing Documents or the Rules and Regulations.
13.2.5. Restore any portions of any Common Elements, Unit or Limited Common Elements
damaged or altered, or allowed to be damaged or altered, by any Owner or Tenant or their guests in
violation of the Governing Documents, and to assess the cost of such restoration against the responsible
Owners and their Units.
13.2.6. Enter any Unit or Limited Common Element in which a violation or breach of the
Governing Documents or the Rules and Regulations exists which materially affects, or is likely to
materially affect in the near future, the health or safety of the other Owners or Tenants, or their guests,
or the safety or soundness of any other part of the Property or the property of the Owners or Tenants,
and to summarily abate and remove, at the expense of the offending Owner or Tenant, any structure,
thing or condition in the Unit or Limited Common Elements which is causing the violation; provided,
that any improvement which is a part of a Unit may be altered or removed only pursuant to a court order
or with the agreement of the Owner.
13.2.7. Foreclose any lien arising under the provisions of the Governing Documents or under
law, in the manner provided by the Act and Section 6.
13.3. Rights to Hearin. Before the imposition of any of the remedies authorized by Section 13.2.4,
13.2.5 or 13.2.6, the Board shall, upon written request of the offender, grant to the offender an opportunity for a
fair and equitable hearing as contemplated by the Governing Documents and the Act. The offender shall be given
notice of the nature of the violation and the right to a hearing, and at least ten days within which to request a
hearing. The hearing shall be scheduled by the Board and held within thirty days of receipt of the hearing request
by the Board, and with at least ten days prior written notice to the offender. If the offender fails to timely request
a hearing or to appear at the hearing, then the right to a hearing shall be waived and the Board may take such
action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established
by the Board shall be final and binding on all parties. The Board's decision shall be delivered in writing to the
offender within ten days following the hearing, if not delivered to the offender at the hearing. If the Board
delegates the hearing duties described in this Section to a committee, then references in this Section to the
Board's hearing duties shall refer to the committee.
13.4. Lien for Charles, Penalties, Etc. Any charges, fines, expenses, penalties, interest or other
impositions under this Section shall be a lien against the Unit of the Owner or Tenant against whom the same
are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect
as Assessments under Section 6. The lien shall attach as of the date of imposition of the remedy but shall not be
final as to violations for which a hearing is held until the Board makes a written decision at or following the
hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be
deemed a waiver of the Association's right to pursue any others.
13.5. Costs of Proceeding and Attorneys' Fees. With respect to any collection measures, or any
measures or action, legal, administrative, or otherwise, which the Association takes pursuant to the provisions
of the Act, Governing Documents or Rules and Regulations, whether or not finally determined by a court or
arbitrator, the Association may assess the Unit owned by the violator with any expenses incurred in connection
with such enforcement, including, without limitation, fines or charges previously imposed by the Association, -
reasonable attorneys' fees and other professional fees, and interest (at the highest rate allowed by law) on the
delinquent amounts owed to the Association. Such expenses shall also include any collection or contingency
fees or costs charged to the Association by a collection agency or other Person acting on behalf of the Association
in collecting any delinquent amounts owed to the Association by an Owner or Tenant. Such collection or
contingency fees or costs shall be the personal obligation of the Owner of the Unit and shall be a lien against
such Owner's Unit.
13.6. Liability for Acts of Owners and Tenants. An Owner shall be liable for the expense of any
maintenance, repair or replacement of the Property rendered necessary by such Owner's acts or omissions, or by
that of Tenants or guests in the Owner's Unit, to the extent that such expense is not covered by the proceeds of
insurance carried by the Association or such Owner or Tenant. However, any insurance deductible amount and/or
increase in insurance rates of the Association resulting from the Owner's acts or omissions may be assessed
against the Owner responsible for the condition and against his or her Unit.
13.7. Enforcement by Owners. The provisions of this Section shall not limit or impair the
independent rights of Owners to enforce the provisions of the Governing Documents, the Rules and Regulations,
and the Act as provided therein.
13.8. Pre_litiaation Requirement. Any litigation, administrative proceeding or other legal action
instituted or intervened in by or in the name of the Association, exclusive of any action (i) to collect Assessments
or foreclose Assessment liens, or (ii) to enforce the Governing Documents or the Rules and Regulations, is
subject to prior approval by the Owners of Units to which are allocated a majority [in excess of fifty percent
(50%)] of the total votes in the Association. Any litigation, administrative proceeding or other legal action
instituted or intervened in by or in the name of the Association involving a construction defect claim as defined
by Section 51513.1-103(1 la) of the Act requires compliance with Sections 515B.3-102(e) and (f), and 515B.4-
I I6(c) of the Act prior to commencement.
SECTION 14
DECLARANT RIGHTS
Declarant hereby reserves exclusive and unconditional authority to exercise the following declarant
rights within the meaning of Section 515B. M03(331)) of the Act, and other rights described in this Section, for
as long as it owns a Unit, or for such shorter period as may be specifically indicated:
14.1. Complete Improvements. To complete all the Buildings, Units and any other improvement
indicated on the Plat, or otherwise included in Declarants development plans, or authorized by the City or the
Declaration, and to make improvements in the Units owned by the Declarant and Common Elements to
accommodate the exercise of any declarant rights.
14.2. Relocate Boundaries Subdivide Combine Convert and Alter Units. To relocate boundaries
between Units, subdivide, combine and convert Units and to otherwise alter Units owned by it, to the extent
permitted by the Act in and accordance with Section 14.8.
14.3. Marketing Facilities. To construct, operate and maintain a sales office, management office,
models, and other development, sales and rental facilities within the Common Elements, and within any Units
owned or leased by Declarant from time to time located anywhere on the Property or on the Additional Real
Estate.
14.4. Suns. To erect and maintain signs and other sales displays offering the Units for sale or lease,
in or on any Unit owned by Declarant and on the Common Elements or on the Additional Real Estate.
14.5. Easements. To have and use easements, for itself, its employees, contractors, representatives,
agents, prospective purchasers or other invitees through and over the Common Elements and Limited Common
Elements for the purpose of exercising its declarant rights.
14.6. Control of Association. To control the operation and administration of the Association,
including without limitation the power to appoint and remove the members of the board pursuant to Section
51513.3-103 of the Act, until the earliest of: (i) voluntary surrender of control by Declarant, (it) conveyance to
Owners other than Declarant of seventy-five percent of the total number of Units authorized to be included in
the Property or (iii) the date three years following the date of the first conveyance of a Unit to an Owner other
than Declarant. Notwithstanding the foregoing, the Owners other than Declarant shall have the right to nominate
and elect not less than thirty-three and one-third percent of the directors at a meeting of the Owners which shall
be held within sixty days following the conveyance by Declarant of fifty percent of the total number of Units
authorized to be included in the Property.
14.7. Consent to Certain Amendments. Declarant's written consent shall be required for any
amendment to the Governing Documents or Rules and Regulations so long as Declarant owns any Unit for initial
sale or has the right to add Additional Real Estate to the Property.
14.8. Relocation of Boundaries or Subdivision Conversion or Combination of Units. Declarant shall
have the following rights and authority pursuant to Section 515B.2-112 of the Act with respect to Units owned
by it: (i) to relocate the boundaries of any Units and (ii) to combine Units. Other Owners shall have the right to
create additional Units by the subdivision of any Unit owned by them in accordance with Section 51513.2-112
of the Act.
14.9. Additional Real Estate. Declarant hereby expressly reserves the right to add the Additional Real
Estate to the Property, by unilaterally executing and recording a supplemental declaration pursuant to Section
51513.2411 of the Act, subject to the following conditions:
14.9.1 The right of Declarant to add the Additional Real Estate to the common interest community shall
terminate ten (10) years after the date of recording of this Declaration or upon earlier express
written withdrawal of such right by Declarant or a successor Declarant, unless extended by a vote
of the Owners pursuant to Section 51513.2-106(2) of the Act. There are no other limitations on
Declarant's rights hereunder, except as may be imposed by law.
14.9.2 The Additional Real Estate is described in Exhibit C attached hereto. The Additional Real Estate
may be added to the Property in parcels consisting of one or platted or un-platted parcels, or
portions thereof, and in any sequence.
14.9.3 Declarant has no obligation to add the Additional Real Estate to the Property. If Declarant decides
to add the Additional Real Estate to the Property, there are no assurances as to the times at which
any part of the Additional Real Estate will be added, the order in which it will be added, the
number of Units per phase nor the size of the Units. The Additional Real Estate may be developed
by Declarant or its successors in interest for any purpose, subject only to approval by the
appropriate governmental authorities. The maximum number of Units that may be created within
the Additional Real Estate described as such on the date of this Declaration is approximately 9
Units. All Units created on the Additional Real Estate shall be restricted exclusively to non-
residential use.
14.9.4 The Units, Buildings and any other improvement created upon the Additional Real Estate will be
compatible with the Units, Buildings and any other improvement which is initially a part of the
Property, in terms of general architectural style, quality of construction, principal materials
employed in construction, subject to market conditions and governmental and lender
requirements.
14.9.5 All covenants and restrictions contained in this Declaration affecting the use, occupancy and
alienation of Units shall apply to all Units created on the Additional Real Estate.
The statements made in this Section 14.9 shall not apply to any Additional Real Estate which is not added to the
Property.
14.10. Other Rights. To have and exercise such other rights as are afforded Declarant under the terms
26
of this Declaration or identified, now or in the future, as special declarant rights in Section 51513.1-103 of the
Act.
SECTION 15
AMENDMENTS
15.1. Approval Requirements. Except as otherwise provided herein, this Declaration may be
amended only by the approval of.
15.1.1. The Board.
15.1.2. Owners of Units to which are allocated at least sixty-seven percent of the total votes
in the Association.
15.1.3. Declarant pursuant to Section 14.7.
15.2. Procedures. Approval of the Owners may be obtained in writing or at a meeting of the
Association duly held in accordance with the Bylaws. Consent of the Declarant shall be in writing. Any
amendment shall be subject to any greater requirements imposed by the Act. The amendment shall be effective
when recorded as provided in the Act. An affidavit by the Secretary or President of the Association as to the
outcome of the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereof
for all purposes, including without limitation, the recording of the amendment.
SECTION 16
MISCELLANEOUS
16.1. Severability. If any term, covenant, or provision of this instrument or any exhibit attached
hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed
to alter, affect or impair in any manner whatsoever any other portion of this Declaration or exhibits attached
hereto.
16.2. Construction. Where applicable, the masculine gender of any word used herein shall mean the
feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice
versa. References to the Act, or any section thereof, shall be deemed to include any statutes amending or
replacing the Act, and the comparable sections thereof. Any amendment to the Act shall retroactively apply to
the Association and the Property, except as expressly prohibited or qualified by the Governing Documents.
16.3. Tender of Claims. In the event that any incident occurs which could reasonably give rise to a
demand by the Association against Declarant for indemnification pursuant to the Act, the Association shall
promptly tender the defense of the action to its insurance carrier, and give Declarant (i) written notice of such
tender, (ii) written notice of the specific nature of the action, and (iii) an opportunity to defend against the action.
16.4. Notices. Unless specifically provided otherwise in the Governing Documents or the Act, all
notices required to be given by or to the Association, the Board, the Association officers, or the Owners or
Occupants shall be (i) in writing and shall be effective upon hand delivery, or mailing if properly addressed with
postage prepaid and deposited in the United States mail, or (ii) by electronic means and shall be effective when
sent, as and if authorized by the Bylaws and Minnesota Statutes Chapter 317A; except that registrations pursuant
to Section 2.2 of the Bylaws shall be effective upon receipt by the Association.
16.5. Conflicts Among Documents. In the event of any conflict among the provisions of the Act, the
Declaration, the Bylaws and any Rules or Regulations, the Act shall control unless it permits one or more of the
Governing Documents to control. As among the Declaration, the Bylaws and any Rules and Regulations, the
Declaration shall control, and as between the Bylaws and any Rules and Regulations, the Bylaws shall control.
27
16.6. Duration of Covenants. The covenants, conditions, restrictions, easements, liens and charges
contained in this Declaration shall be perpetual, subject only to termination as provided in this Declaration and
the Act.
E�3
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth in
accordance with the requirements of the Act.
Orono Garage Condos LLC
a Minnesota limited liabilitti
By:
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
i%
The foregoing instrument was executed and acknowledged before me on this I day of January, 2026, by Rob
Page, the Manager of Orono Garage Condos LLC, a Minnesota limited liability company, on behalf of said
limited liability company.
This Instrument Was Drafted By:
Edwin Chanin
Chanin Law Firm, P.A.
18171 82nd Place North
Maple Grove, Minnesota 55311
(612) 963 7707
ed@chaninlaw.com
29
otary
EXHIBIT A TO DECLARATION
COMMON INTEREST COMMUNITY 114 0.2238
ORONO GARAGE CONDOS
SCHEDULE OF UNITS AND PERCENTAGE INTERESTS iN VOTING RIGHTS, COMMON EXPENSE
OBLIGATIONS AND UNDIVIDED INTERESTS IN COMMON ELEMENTS:
Unit Number
U
Approximate Square Footage
(exclusive of optional mezzanine
level)
Percentage Interest in Voting Rights,
Common Expense Liability and
Undivided Interest in Common
Elements
201
800
149%
202
800
149%
203
800
3249%
204
800
3949%
205
800
3,49%
206
800
3 549%
207
800
3 449%
208
800
3.49%
209
800
3.49%
210
800
3.49%
211
800
3.49%
212
800
3,49%
213
800
3849%
214
15280
5061 %
215
13426
6.23%
216
13426
6623%
217
1,426
6023%
218
15426
6.23 %
219
15104
4.82%
220
15104
4.82%
221
1,104
4.82%
222
1,104
4.82%
223
15104
4482%
TOTAL
225904
100400%
30
EXHIBIT B TO DECLARATION
COMMON INTEREST COMMUNITY IN "a
ORONO GARAGE CONDOS
UNDERLYING LEGAL DESCRIPTION OF PROPERTY
Lot 1, Block 1, CRYSTAL BAY BUSINESS CENTER, except that part thereof which lies
westerly of a line drawn parallel with, and 76.00 feet easterly of, the west line of said
Lot 1 and its southerly extension, and also except that part thereof which lies
easterly of a line drawn parallel with, and 250.00 feet easterly of, the west line of
said Lot 1 and its southerly extension, Hennepin County, Minnesota;
31
EXHIBIT C TO DECLARATION
COMMON INTEREST COMMUNITY N0.2238
ORONO GARAGE CONDOS
LEGAL DESCRIPTION OF ADDITIONAL REAL ESTATE
That part of Lot 1, Block 1, CRYSTAL BAY BUSINESS CENTER, which lies westerly of
a line drawn parallel with, and 76.00 feet easterly of, the west line of said Lot 1 and
its southerly extension, Hennepin County, Minnesota, and
That part of Lot 1, Block 1, CRYSTAL BAY BUSINESS CENTER, which lies easterly of a
tine drawn parallel with, and 250.00 feet easterly of, the west line of said Lot 1 and
its southerly extension.
32